STATE Vs. CHANNABASAVA

JUDGEMENT

(1.) The respondent having been acquitted by the JMFC at Manvi, in C.C.No.50/2009, for the offences punishable under Sections 504 and 324 of IPC, the State has preferred this appeal.

(2.) The prosecution case is, that on 22.01.2009, at about 3 p.m. at Manvi Village, in front of Agasi, that PW.1 was standing along with an application seeking grant of Janatha House and the accused picked up quarrel with him and abused him with filthy language and assaulted on the left eyebrow of PW.1 with an axe and caused injuries. Manvi Police registered a case in Crime No.22/2009 and conducted investigation and filed charge sheet for the offences punishable under Sections 504 and 324 IPC. During the trial, in proof of prosecution case, PWs.1 to 6 were examined and Exs.P1 to P6 were marked and M.O.1 was produced. After appreciation of the evidence, by a judgment dated 23.06.2009, the JMFC, Manvi, having acquitted the accused for the charged offences, this appeal was filed.

(3.) Sri Maqbool Ahmed, learned HCGP, contended that PW.1, having supported the prosecution case and his evidence having been corroborated by the evidence of PW.3, there being ample material evidence in proof of the prosecution case, the learned JMFC has committed error and illegality in acquitting the accused. He submitted that the Magistrate has given undue importance to the minor discrepancy in the evidence of the Doctor and the eye witness and the impugned judgment being perverse and the order of acquittal having resulted in failure of justice, there is need for interference.