STATE Vs. MALLESHAPPA

JUDGEMENT

(1.) THE judgment and order of acquittal passed by the Sessions Court in SC.No.62/2011 is called in question in this appeal by the State. The accused were tried and acquitted of the offences punishable under Sections 143, 147, 148, 504, 323, 307 and Section 506 r/w. Section 149 of IPC. Learned SPP has placed the records of the case maintained by his Office for perusal of this Court.

(2.) CASE of the prosecution in brief is that the accused and the eye witnesses are relatives inter se; PW.1 -Gopal is the nephew of accused No.1; the threshing floor of PW.1 and accused No.1 is one and the same; it is kept common between the two; there was a partition of joint family properties between the complainant -PW.1 and accused No.1; however, disputes have arisen subsequently in respect of the said partition; on 6.8.2010, when PW.4 went to threshing floor, situated near Maddamma Temple, Bharamapura in Harihara, at about 11.00 p.m., all the accused formed themselves into unlawful assembly with intention to assault PW.4, went to the place where PW.4 was sitting and assaulted him with club, iron rod, etc; accused No.5 instigated other accused to assault PW.4; by that time, PW.1 went to the spot and tried to rescue PW.4; however, he was scolded by the accused in filthy language; since PW.4 sustained injuries, he was taken to Government Hospital, Harihara and thereafter to C.G. Hospital at Davangere; on the morning of next day, i.e., on 7.8.2010, PW.1 went to the Police Station and lodged the complaint.

(3.) IN order to prove its case, the prosecution in all examined 9 witnesses and got marked 7 Exhibits and 6 Material Objects. On behalf of the defence, one Exhibit was marked.