STATE OF KARNATAKA Vs. PRASHANTH RAI AND ORS.

JUDGEMENT

(1.) The judgment and order of acquittal dated 01.07.2011 passed by the III Additional Sessions Court, Mangalore, in S.C.No.100/2007 is appealed against by the State. The accused were tried and acquitted of the offences punishable under Sections 279, 332, 395 r/w Section 34 of IPC.

(2.) Case of the prosecution in brief is that when PW.13- Superintendent of Police, who was working as COD in Mangalore Division, was proceeding in a Government car bearing registration No.KA-01-Z-1028 driven by PW.1, it colluded with a private bus bearing registration No.KA-20-A4 130; according to the complaint lodged by PW.13, the driver of the bus (accused No.2) drove the bus in a rash and negligent manner, consequent upon which the accident has taken place, as a result of which the right side of the car which came in contact with the bus suffered damage; when the car stood at a distance, accused Nos.1 to 6 got down from the bus, came near the Government car and started pressurizing PW.13 to settle the matter on the spot; accused No.1 caught hold the shirt collar of PW.13 and assaulted on his face causing injury and snatched 3 notes of Rs.500/- denomination from the shirt pocket of PW.13; accused No.2 also caught hold the shirt collar of PW.1 and assaulted with his hands on his head and snatched one note of Rs.500/- denomination from the shirt pocket of PW.1; thereafter, accused Nos.1 to 6 got the signature of PW.1 forcibly on the white paper by causing simple hurt on his right shoulder; all the accused deterred PWs.1 and 13 (Government servants) from discharging their official duties. PW.13 gave a complaint as per Ex.P5 before PW.6 who was the Station House Officer at Bantwal Rural Police Station during the relevant point of time, which came to be registered in Crime No.4/2007; F.I.R. as per Ex.P6 came to be issued and sent to jurisdictional Magistrate. PW.14-Inspector of Police took up further investigation and laid the charge-sheet for the aforementioned offences.

(3.) In order to prove its case, the prosecution in all examined 14 witnesses, got marked 8 exhibits and 1 material objects. On behalf of defence, accused No.1 was examined as DW.1 and got marked 4 documents. As aforementioned, the Trial Court acquitted all the accused.