STATE OF KARNATAKA Vs. MANJUNATH

JUDGEMENT

(1.) The acquittal judgment in S.C.No.82/2012 on the file of V Additional District and Sessions Judge, Shivamogga (sitting at Sagar) has been assailed by the State in this appeal.

(2.) Prosecution case is that PW-1 Chandrashekara while returning home at 09.30pm on 16/3/2011, his two elder brothers, namely, accused No.1 Manjunatha and accused No.2 Vijay stopped him on his way, picked up quarrel relating to sharing the family property and in that course accused No.1 attempted to inflict an injury on his head with a machete. While warding of the blow to his head, he sustained an injury to his left ear, which was partially cut. Accused No.1 again inflicted an injury on his right forearm. Accused No.2 fisted on his chest and knocked him down. When he screamed, his wife Padmavathi (PW3) and nephew Eshwara (PW2) came to that place. Seeing them, accused No.1 and 2 threw away the machete at that place itself and put life threat to him while leaving from that place. PW1 was taken to hospital. On 17/3/2011 at 11.30am, a police constable recorded his statement based on which FIR in Crime No.13/2011 was registered for the offences punishable under Ss. 341, 323, 326, 504 and 506 read with Sec. 34 of IPC.

(3.) The investigation led to filing of charge sheet for the offences punishable under Ss. 504, 341, 506, 323, 326, 307 and 114 read with Sec. 34 of IPC not only against accused No.1 and 2, but against two more accused, namely, Savithri, the wife of accused No.1 and Yashodha, the wife of accused No.2, respectively. The allegation against accused No.3 and 4 was that they instigated accused No.1 and 2 to assault PW1. During trial accused No.4 Yashodha died and the case against her was abated.