STATE OF KARNATAKA Vs. MANJUNATHA G L

JUDGEMENT

(1.) The respondents in this appeal faced trial before the I Additional District and Sessions Judge, Chitradurga, for the offences punishable under Sec. 323, 302, 504 read with Sec. 34 of IPC in relation to incident dtd. 22/5/2015 which is as follows:

(2.) The name o f the deceased is Hemareddy. The first accused Man junath G.L. and PW8 Vishwanatha are brothers. Their houses are situated in the same compound at the village Hiremadure, Taluk Challakere, Chitradurga District. Haystack was stored by Hemareddy in the compound. On 22 .05 .2015 around 5.00 p .m. there was fast blow of wind as a result of which the hay stack was blown away and fell in front of the house of the first accused. Having seen this, accused No.2 picked up quarrel with PW10 - Sundaramma, wife of Hemareddy and in that course pulled her plait and assaulted with hands. Hemareddy interfered for pacification of the situation and at that time accused No.1 brought a sickle from his house and tried to assault Hemareddy. But this sickle was snatched by PW14-Channakeshava. Then accused No.1 took a stone which was there in front of his house and hit on the head of Hemareddy with the stone. As Hemareddy fell down , accused No .1 hit on his left leg. Thereafter Hemareddy was taken to Challakere Government Hospital and from there to S.S Hospital, Davanagere where he died on 23/5/2015 . In regard to this incident PW12 made a report to the police as per Ex.P5. Investigation resulted in charge sheeting the accused for the above said of fences. The trial court charged the accused for the same o ffences and after trial acquitted them of the offences and hence this appeal by the State.

(3.) We have heard the arguments of Sri B.N.Jagadish, Additional State Public Prosecutor for the appellant and Sri K.B.Onkar, learned advocate for respondents 1 and 2. We have perused the entire evidence.