(1.) The judgment and order dated 31-1-2011 passed by the ad hoc Sessions Judge, Fast Track Court-II, Chintamani in S.C. No. 83 of 2010 is called in question in this appeal by the victim/injured.
(2.) Case of the prosecution in brief is that the wall adjoining the house of the victim (P.W. 2) had fallen; the house of the victim and the house of the accused are adjoining each other; there used to be frequent quarrel between the women folks in the matter of falling of the wall and cleaning the area; Manjunath (accused 3) is the son of Narasimhappa (accused 1), Narasappa (accused 2) is the relative of other accused; there was dispute between both the families with regard to agricultural land also. On the date of incident i.e., on 23-10-2009 at about 8.00 a.m., Narayanaswami (P.W. 2-victim) went to the house of Muniyappa and enquired about the galata between the women folk; at that point of time, accused 1 quarrelled with P.W. 2; other two accused also started quarrelling with P.W. 2; accused 1 stabbed on the stomach of P.W. 2 with small knife being used for tying the cock at the time of recreation (cock fight or hen fight) and caused bleeding injury to him; other two accused namely Narasappa and Manjunath also came to the spot and assaulted injured (P.W. 2). Meanwhile, the complainant (P.W. 1-brother of the victim), his relative Muniswami S/o T. Muniswami; Munendrappa S/o Chinnappa took the injured P.W. 2 to the Government Hospital at Chintamani and thereafter to SNR Hospital, Kolar; subsequently, the victim was shifted to Bowring Hospital, Bengaluru for higher treatment.
(3.) In order to prove its case prosecution in all, examined 10 witnesses and got marked 4 documents and 1 material object and on the part of defence two documents got marked. Trial Court on evaluation of the materials on record, acquitted the accused on the ground that variations are found in the evidence of eye-witnesses; doctor, who treated has not been examined before the Court; the weapon is not sent for Forensic Science Laboratory for examination, etc.