R. CHANDRASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner Nos.1 and 2 seeking to set aside the order dtd. 31/8/2016 in Criminal Appeal No.131/2011 on the file of the V Addl. District and Sessions Judge, Shivamogga, Sitting at Sagar, and restore the order of acquittal dtd. 8/3/2011 in C.C.No.548/2006 passed by the Civil Judge and JMFC, Hosanagara.

(2.) The ranks of the parties will be considered henceforth as that of Trial Court for convenience.

(3.) It is the case of the prosecution that on 17/11/2005 at about 7.30 pm., Sri S. Vasanta / complainant was moving in his TVS XL motorcycle along with his grandchildren ' CWs.2 and 3, after collecting the milk. The accused, in furtherance of their common intention, wrongfully restrained the complainant and accused No.1, assaulted on the right hand of CW1. with an iron rod and made him to fall down from the motorcycle and then accused No.2 also assaulted on the right leg with a club and accused No.3 had assaulted on the head hand and body with a club, due to which CW.1 had sustained injuries over the back of the head, both hands and legs and his hands and legs were fractured and had sustained grievous injuries. Both CWs.2 and 3 had also sustained simple injuries.