STATE Vs. BILLAVARA SOMAPPA

JUDGEMENT

(1.) The judgment and order dated 28.10.2010 passed by the Sessions Court, Madikeri, in S.C.No.34/2008 is called in question in these appeals by the State. Crl. A. No. 216/2011 is filed by the State praying for enhancement of sentence against accused No.1. Whereas Crl.A.No.217/2011 is filed against the judgment and order of acquittal acquitting accused for the offence under Section 307 r/w Section 34 of IPC. Since both these appeals are arising out of the same judgment, these appeals are clubbed and heard together.

(2.) The case of the prosecution in brief is that at about 8.30 a.m. on 20.01.2008, when the complainant (PW.1) was involved in the road laying work along with PWs.2 and 3 namely Vasudeva and Ponnu, two unknown persons came there and obstructed PW.1 from working by threatening him that he has not attended the work in the Coffee Estate and instead he is doing road laying work; so saying, one of the two persons threatened PW.1 by showing Kathi and assaulted him with Kathi (chopper), consequent upon which PW.1 sustained simple injury on his shoulder. PWs.2 and 3 are the eye witnesses to the incident. Immediately, after the said incident the accused went away from the scene; PWs.2 and 3 informed PW.8 (P.N. Shivaprasad) about the incident who came to the spot and took the injured in a jeep to Siddapur Government hospital for treatment; Station House Officer (PW.7) recorded statement of injured/complainant in the hospital on 20.01.2008; since the place of assault was within the jurisdiction of Madikeri Rural Police Station, he sent the statement of the injured and the memo/intimation given by the medical officer to Madikeri Rural Police Station; PW.6-Sub-Inspector of Police of Madikeri Rural Police Station received the complaint along with memo through police constable attached to Siddapur Police Station at 6.30 p.m. on 20.01.2008 and registered a case in Crime No.6/2008 of Madikeri Rural Police Station. PW.10 another Inspector of Police took up further investigation of case and laid the charge-sheet.

(3.) In order to prove its case, the prosecution in all examined 11 witnesses, got marked 12 exhibits and 5 material objects. The accused were tried for the offences under Sections 323 and 307 r/w Section 34 of IPC. However, they are acquitted of the said offences. The Trial Court convicted accused No.1 only for the offence under Section 323 of IPC. Hence, these appeals by the State.