STATE OF KARNATAKA Vs. CHAKKERA KHADER

JUDGEMENT

(1.) THIS appeal is by the State, being aggrieved of the judgment of acquittal of the accused for the offence under Section 326, IPC by the learned chief Judicial Magistrate, Madikeri, in C. C. No. 199/96, dated 23-12-1999.

(2.) THE case of the prosecution in brief is as follows : the accused-Chakkera Khader as well as the injured-Usman are from Yemmemadu village of Medikeri taluk. The injured-Usman used to work in the garden land of the accused. As usual, Usman left his house at 8. 30 a. m. on 27-10-1996 armed with a knife and he accompanied the accused. The accused took the knife from the hands of usman saying that it is very' sharp. While they were so proceeding, the accused-Chakkera Khader assaulted Usman over the right calf muscle, resulting in a bleeding injury. Immediately, the injured was shifted to the Government Hospital, Napoklu, by p. W. 1-Mohamed and a complaint was lodged as per Ex. Pl. Thereafter, the injured was shifted to the District Hospital, Madikeri, for further treatment, where he was an inpa-tient from 27-10-1996 to 8-11-1996. The head Constable-P. W. 8-K. Laksmaiah registered a case in Crime No. 117/1996, prepared F. I. R. and forwarded to the Court. P. W. 10-Somegowda-Assistant Sub-Inspector of Police, Napoklu Police Station, proceeded to the spot, prepared a mahazar as per Ex. P2 and seized M. O. l-sickle and M. O. 2-hawai chappal. Also collected the blood stained mud-M. O. 3. He recorded the statement of the witnesses. After completion of the investigation, filed charge-sheet. The learned Chief Judicial Magistrate secured the presence of the accused and framed the charges for the offence under section 326, IPC. The accused pleaded not guilty and claimed to be tried. The prosecution in all examined P. Ws. l to 10, marked exs. Pl to P4 and produced M. Os. 1 to 3. The learned Chief Judicial Magistrate for the reasons recorded in its judgment, acquitted the accused. It is this judgment of acquittal, which is questioned in the present appeal.

(3.) THE learned Government Pleader submitted that the evidence of P. W. 2-Usman shows that it is the accused who assaulted with knife-M. 0. 1 over his right calf muscle. The incident of assault is witnessed by p. W. 4-Nabeesa and P. W. S-Rukia. P. W. 3-Haneef speaks of the fact that the accused. running armed with knife-M. O. l. P. W. 10-Somegowda-Assistant Sub-Inspector, prepared the spot mahazar-Ex. P2 and collected the blood stained mud. When there is clinching evidence to show that it is the accused-Chakkera Khader who assaulted P. W. 2-Usman, there was no reason for the learned chief Judicial Magistrate to acquit the accused. It is also clear from the evidence of p. W. 9-Dr. Devadas that the injured was brought to the hospital at Napoklu, he examined him at 9. 15 a. m. and found fracture of right fibula upper 1 /3rd and that he issued wound certificate as per Ex. P4. Further submitted that it is also in the evidence of P. W. 7-Dr. Nagendra Murthy that as the injuries suffered are grievous in nature, the victim was admitted to the District Hospital at Madikeri as in-patient from 27-10-1996 to 8-11-1996. When the medical evidence also corroborates with the testimony of in-jured-P. W. 2-Usman, the learned Chief Judicial Magistrate arriving at the conclusion that there are two views possible, is nothing but perverse and illegal. The testimony of the victim-P. W. 2 itself is sufficient to convict the accused. Also submitted that the reasonings of the learned Chief Judicial magistrate that the evidence of injured-P. W. 2 is not corroborated by the evidence of other witnesses is also erroneous and not sustainable. Therefore, prayed to set aside the judgment of acquittal and to convict the accused for the offence under Section 326, IPC.