THE STATE Vs. SIDDASETTY AND ORS.

JUDGEMENT

(1.) THE judgment and order dated 27.12.2010 passed by the I Addl. Sessions Judge, Mysore in Sessions Case No. 81/2008 is the subject matter of these two appeals. By the said judgment and order, the Trial Court acquitted the accused for the offence punishable under Section 307 IPC, but convicted the accused for the offence punishable under Sections 341 and 323 read with Section 34 IPC.

(2.) CASE of the prosecution in brief is that the injured P.W. 1 as well as the accused are all agriculturists of Kebbepura village, Nanjangud Taluk, Mysore District. With the previous enmity, all the accused persons quarreled with the victim on a flimsy ground that the victim asked the accused to gave way for the victim to proceed further, all of them assaulted the victim with the clubs and damaged the cycle of the victim. The incident has occurred in the house belonging to accused No. 3 near borewell at about 5.30 p.m. on 15.12.2007. On hearing the cries, P.Ws. 2 and 3 have arrived at the scene and pacified the quarrel. During the incident, the victim has sustained six injuries. The victim took treatment in Nanjangud Government Hospital at about 7.00 p.m. on 15.12.2007. P.W. 6 the doctor attached to Nanjangud hospital treated the victim and referred him to K.R. Hospital, Mysore. The injured took treatment in K.R. Hospital and was discharged.

(3.) IN order to prove the case of prosecution, in all examined six witnesses and got marked five exhibits and two material objects and one material object was got marked on behalf of the accused. After hearing the parties, the Trial Court acquitted all the accused for the offence under Section 307 IPC and convicted them for the offence under Sections 323 and 341 IPC read with Section 34 IPC.