STATE OF KARNATAKA Vs. BYCHANA DIKKI @ DINESHA

JUDGEMENT

(1.) The judgment and order of acquittal dated 17.3.2015 passed by the I Addl. District and Sessions Judge, Kodagu, Madikeri, in Sessions Case No.86/2013, is called in question in this appeal.

(2.) The case of the prosecution in brief is that there was dispute with regard to boundaries of agricultural land between the accused and the complainant; the complainant wanted to put up the fence between the two lands for which the accused restrained the complainant; quarrel took place between the two, in as much as, the accused asked the complainant as to why he is putting up the fence in his private property encroaching upon the private property of the accused; so saying, he assaulted with the sickle on the right hand little finger of the complainant and twisted the arm of the complainant, consequent upon which, the complainant sustained two injuries. The incident has taken place at 5.30 p.m. on 5.10.2012. Complaint came to be lodged against the accused, which came to be registered in Crime No.80/2012 of Napoklu police station for the offences punishable under Sections 341 and 307 of IPC.

(3.) In order to prove its case, the prosecution in all examined 12 witnesses and got marked 11 exhibits and 1 material object.