STATE OF KARNATAKA Vs. SANTHOSH AND ORS.

JUDGEMENT

(1.) The Judgment & Order of acquittal dated 30th July 2011 passed by the III Addl. District & Sessions Judge, Dakshina Kannada, Mangalore in Sessions Case No.76/2009 is called in question in this appeal by the State. The accused are tried and acquitted for the offences punishable under Sections 307, 326, 448 r/w 34 of IPC.

(2.) Case of the prosecution in brief is that PW.1 Mohammed (injured) was working in Beedi shop of PW.5; The said shop is located in Panchavati complex situated at Kalladka village, Bantwal taluk, Dakshina Kannada district; On 16.9.2008 at about 8.15 a.m. he (PW.1) came to the shop and opened the shutters of the shop and was keeping beedis inside the shop; At that time, he was alone in the shop and was facing towards the wall; the accused trespassed into the said shop; one of the accused assaulted PW.1 with chopper and in order to avoid the assault, PW.1 brought his right hand, consequent upon which he sustained injury on his right hand; one of the accused assaulted with club and another accused assaulted with chopper; PW.1 raised hue and cry and fell down on the ground; the accused ran away from the scene; immediately thereafter PW.5 as well as the Police rushed to the spot and took the injured (PW.1) to Pushparaj hospital at Kalladka village in the first instance and thereafter he was shifted to Unity Hospital, Mangalore.

(3.) Learned Government Advocate appearing on behalf of the State argued that the evidence of PW.1 coupled with the evidence of PW.4 and the evidence of the doctor PW.10 is sufficient to bring home the guilt against the accused; Since the injured has sustained one grievous injury, the trial Court ought to have convicted the accused atleast for the offence under Section 326 of IPC. He further submits that no valid reasons are assigned to disbelieve the evidence of PW.1. On these, among other grounds, he prays for setting aside the Judgment of the trial Court.