PATEL GANAPATHI AND ORS. Vs. HOLEYAPPA AND ORS.

JUDGEMENT

(1.) THIS appeal is preferred by appellants -complainant P.W.1 and injured P.W.4 against the accused persons being aggrieved by the judgment and order of acquittal dated 29.4.2010 passed by the I Fast Track Court at Shimoga in S.C. No. 148/2008 for the offences punishable under Sections 324, 504, 325, 326, 506, read with section 34 of IPC.

(2.) CASE of the prosecution in brief is that complainant one Ganapathi lodged the complaint as per Ex. P.1 stating that on 6.6.2006 at 7.30 p.m., accused Nos. 1 to 4 came nearby the house of Eshwarappa, the uncle of the complainant and told that the complainant's father gave complaint against them in connection with land dispute Sy. Nos. 78 and 79 of Dugur Village and abused the complainant in filthy language. Accused No. 1 Holeyappa assaulted the complainant on his head with kandali (chopper) and caused bleeding injury. Accused No. 2 Chandrappa assaulted the complainant on the left foot with club and caused the injury. Hearing the galata, Somappa (P.W.4), the father of the complainant came to pacify the quarrel. The accused abused him also in filthy language and Siddappa @ Sidramappa (accused No. 3) assaulted father of the complainant on his head with club and caused the bleeding injuries. Accused No. 4 Jagadeesha also assaulted with club. One Fakirappa, Ramappa, Kouti Manjappa and Rudrappa came and pacified the quarrel. The accused threw the chopper, clubs at the spot and went away posing life threat to the complainant and his father. Rudrappa, son of Eswarappa shifted the complainant and his father to Government hospital at Sorab and thereafter, Eswarappa, the uncle of the complainant shifted Somappa to the Government hospital at Sagar. Hence, the complainant requested to take legal action against the accused persons.

(3.) WE have heard the arguments of learned Counsel appearing for the appellants and also the learned counsel appearing for the respondents -accused Nos. 1 to 4 and learned SPP for R -5.