RAMESH Vs. STATE BY KUNIGAL POLICE AND ORS.

JUDGEMENT

(1.) The judgment and order of acquittal dated 3.11.2010 passed by the Principal Sessions Court, Tumkur, in S.C.No.115/2008 is called in question by the injured in the incident which gave rise to the matter on hand.

(2.) The case of the prosecution in brief is that; there was animosity in between the injured PW2 (Mr.Ramesh-appellant) and accused since a long time; their houses are adjoining each other; even the agricultural land is adjoining each other, PW2 was tethering the cattle on the bund of the agricultural land of the accused and injured at about 9.30 a.m. on 3.11.2007; PW2 had tied his cattle with the help of ropes; the accused being annoyed by the said act cut the ropes tied to the cattle; PW2 took exception to it and there was verbal altercation between the two; the accused who was having sickle in his hand assaulted on the face of PW2, consequent upon which PW2 sustained severe bleeding injury on the nose and on the forehead; he was immediately taken to the Government hospital at Kunigal; the doctor PW7 gave first aid treatment to PW2 and referred the patient to Victoria hospital, Bangalore, for higher treatment; thereafter the victim has taken treatment in Victoria hospital and said to have undergone plastic surgery over the nose.

(3.) In the meanwhile, PW1 Muniraja - the friend of PW2 who witnessed the incident, lodged the first information before Kunigal police station, Kunigal, as per Ex.P1 at about 2.30 p.m. on 3.11.2007, which came to be registered by the Head Constable of the police station (PW8) in Crime No.289/2007 for the offence under Section 324 of IPC. The PSI of the police station (PW6) took over investigation and after completion of investigation laid the charge sheet.