SRINIVAS AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order dated 31.1.2011 passed by the Fast Track Court-II, Bengaluru Rural District, Bengaluru in Sessions Case No.161/2008 is the subject matter of these two appeals.

(2.) Case of the prosecution in brief is that there is boundary dispute between P.W.2 and accused No.1 in respect of an agricultural land; accused No.1 had purchased the said agricultural land to the extent of half portion; P.W.2 was a prospective vendee in respect of remaining half portion of said agricultural land; P.W.2 and his family members wanted to get the said land surveyed through private surveyor; accused No.1 and his family members were objecting for the same in as much as, the accused wanted to get the land surveyed through a Surveyor of the Land Revenue Department; on the date of incident i.e., on 28.2.2007 at about 9.30 a.m., P.W.2 and his family members started to get the disputed land surveyed through a private surveyor; but the same was objected to by the accused; the group of P.W.2 was having number of persons and whereas, accused were 14 in number; the quarrel took place in the matter of survey between the two groups and in the said quarrel, persons belonging to both groups were injured to certain extent and consequently, two complaints came to be lodged by two groups against each other; both the criminal cases were tried simultaneously as case and counter case before the trial Court; the crime registered against prosecution witnesses herein ended in acquittal and the State has not filed appeal; however, the case on hand which is registered against the accused has ended in conviction, as mentioned supra.

(3.) The complainant/P.W.1 is an eyewitness to the incident. The complaint is at Ex.P1. P.W.1 is also witness for the scene of offence mahazar Ex.P2 and also witness for panchanama Ex.P3 under which, blood stained apparels of the injured are seized. P.Ws.2 to 5, 11 and 12 are the injured eyewitnesses. P.W.6 is a neighbouring land owner wherein the incident has taken place. He has deposed about the genesis of the assault. P.Ws.7 and 8 are the eyewitnesses among them, P.W.8 intervened at the scene of crime. P.W.9 also came to the spot and intervened to pacify the quarrel. P.W.10 is the medical officer attached to Government General Hospital, Hoskote. He treated all the injured and issued wound certificate as per Exs.P4 to P9. P.W.13 is the witness for panchanama Ex.P10 under which, certain weapons are recovered from the coconut rearing shed of accused No.1; P.W.14 is the investigation officer. He has laid the charge sheet after completion of investigation; P.W.15 was then working as Sub-Inspector of Police. He conducted part of the investigation. P.W.16 was another Sub-Inspector of Police of Sulibele police station during the relevant point of time. He received the complaint filed by P.W.1 as per Ex.P1 and registered the case based on the said complaint. He has conducted part of the investigation. P.W.17 is the witness for scene of offence panchanama Ex.P2.