THE STATE OF KARNATAKA Vs. SHARATH AND ORS.

JUDGEMENT

(1.) THE judgment and order of acquittal dated 01.01.2009 passed by the Sessions Court/Special Court, Chikmagalur, in S.C. No. 176/2006 is appealed against by the State.

(2.) THE case of the prosecution in brief is that there was longstanding civil dispute between accused Nos. 1 and 2 on one side and P.Ws. 1, 2 and 3 on the other; P.W. 1 is the son of P.Ws. 2 and 3; it is alleged that all the accused came in a group at 8.30 p.m. on 08.03.2006 near the house of P.W. 1, armed with weapons assaulted him mercilessly, consequent upon which P.W. 1 sustained grievous injuries. The statement of P.W. 1 is recorded while he was taking treatment in the Hospital as per Ex. P1, based on which Crime No. 175/2006 came to be registered in Chikmagalur Rural Police Station for the aforementioned offences. P.W. 9 -Sub -Inspector of Police of the said police station has laid the charge -sheet.

(3.) SRI . B. Visweswaraiah, learned Government Pleader, submitted that Court below is not justified in ignoring the evidence of P.Ws. 1, 2, 3 and 4 who are eye witnesses to the incident in question; the evidence of witnesses more particularly the evidence of injured eye witness (P.W. 1) is fully supported by the evidence of Doctor (P.W. 11) who treated the injured; the medical record clearly discloses that victim has sustained grievous injury inasmuch as he has sustained fracture of metacarpal bone; the evidence of eye witness is consistent and cogent and the case of the prosecution is fully supported by the evidence of eye witness and the medical evidence.