STATE OF KARNATAKA Vs. PUTTAMADAIAH

JUDGEMENT

(1.) The judgment and order of acquittal passed by the First Appellate Court i.e., II Addl. Sessions Court, Mysore, in Crl.A.No.52/2007 dated 01.10.2009 is appealed against by the State.

(2.) The case of the prosecution in brief is that accused No.1 was due certain sums of money to PW.5; since the money was not repaid by accused No.1 to PW.5, he asked accused No.1 to repay the amount at about 4.00 p.m. on 03.06.2004; accused No.1 told PW.5 that he has not taken any amount from PW.5 and that he will not return any amount to him; once again accused No.1 came along with other accused at 6.00 p.m. in front of house of PW.1 and started scolding PW.5 and his family members; PW.1 (brother of PW.5), PWs.2, 3 asked other accused as to why they are scolding; at that point of time, accused Nos.1 to 4 started quarrelling with PWs.2 to 5; accused No.2 assaulted on PW.2 with club whereas accused No.3 assaulted on PW.3 with another club; accused No.4 fisted PW.3; at that point of time, PW.4-Shivanna intervened to pacify the quarrel and he was assaulted by accused Nos.1 and 2 with clubs, consequent upon which PW.4 sustained grievous injuries and PWs.2 and 3 sustained simple injuries. PW.6 came to the spot and pacified the quarrel.

(3.) In order to prove its case, the prosecution in all examined 9 witnesses, got marked 8 exhibits and 3 material objects. The Trial Court on evaluation of material on record convicted all the accused for the offences under Sections 323, 324 and 326 r/w Section 34 of IPC and sentenced them to undergo imprisonment for two years for the offence under Section 326 r/w Section 34 of IPC and lesser sentence for other offences.