THE STATE OF KARNATAKA Vs. SHIVAPPA AND ORS.

JUDGEMENT

(1.) THIS appeal is preferred by the State being aggrieved by the common judgment dated 30.06.2008 passed by the Presiding Officer, Fast Track Court, Bhalki in S.C. No. 150/2005 clubbed with S.C. No. 80/2004 acquitting the respondents -accused of the offences punishable under Sections 120 -B, 143, 147, 148, 341, 504, 324, 506, 302 read with Section 149 of Indian Penal Code. The appellant -State challenged the legality and correctness of the judgment of the Trial Court on the grounds mentioned in the appeal memorandum.

(2.) PERUSING the materials, the case of the prosecution as per the complaint Ex. P3, PW -8 Smt. Subbamma lodged the complaint stating that she was residing in the address mentioned in the complaint, having one son by name Anand and three daughters, namely, Sharamma, Jagadevi and Premala. Earlier occasion accused No. 1 assaulted complainant's daughter Sharamma and caused injuries and in that connection complaint was lodged and Nataraj PW -6 was the witness on the side of the complainant and because of that reason earlier to this incident, said Nataraj was also assaulted and complaint was filed in the police station. On 12.10.2003 at about 8.30 p.m. complainant, her brother Ganapat Rao PW -7, her daughter Sharamma PW -4 and her daughter -in -law Meera Bai PW -5 were in the house and they heard hue and cry towards the Hanuman temple and immediately they all went there and saw in the light that the accused persons were assaulting Anand with the clubs and accused No. 1 Shivappa assaulted Anand with axe on his head and caused bleeding injuries and other accused persons assaulted Anand with the wooden clubs. At that time Sharamma PW -4 went to the rescue of Anand and she was also assaulted by accused Santosh with the club on her left knee portion and also right knee portion and left elbow portion and caused injuries. In the meanwhile Nataraj PW -6, Ganapat Rao PW -7 and Sheipu PW -27 came and pacified the quarrel. Because of the election dispute and enmity the accused persons were intending to commit the murder of Anand. Because of injuries, Anand was lying The complainant PW -8, Nataraj PW -6, Ganapat Rao PW -7 and Meera Bai PW -5 put him into another vehicle and shown to the doctor and doctor declared that he is already dead. On the basis of said complaint, case was registered in Khatak Chincholi Police Station in Crime No. 78/2003 against nine accused persons as mentioned in the F.I.R. for the offences punishable under Sections 147, 148, 504, 326, 302 read with Section 149 of Indian Penal Code. After conducting and completing the investigation, police have filed the charge sheet for the offences punishable under Sections 143, 147, 148, 504, 506, 341, 324, 302, 120 -B read with Section 149 of Indian Penal Code.

(3.) HEARD the arguments of the learned Additional State Public Prosecutor for the appellant -State. Learned counsel appearing for the respondents is absent. No representation.