STATE Vs. NAGA @ NAGASHETTY

JUDGEMENT

(1.) The judgment and order of acquittal dated 6.6.2012 passed by the Fast Track Court, Channarayapatna, in S.C.No.1/2012 is the subject matter of this appeal. By the impugned judgment and order, the Trial Court has acquitted the accused of the offence punishable under Section 307 of IPC.

(2.) Case of the prosecution in brief is that the accused and the injured were at logger heads in the matter of grazing cattle on the bund lying in between the agricultural lands of accused and PW.2; the quarrel used to take place between them frequently since many years; at about 5.30 p.m. on 5.10.2011 when PW.2 had indulged in agricultural operations in agricultural land, the accused came to the said spot with sickle and assaulted on the neck of PW.2, consequent upon which, PW.2 sustained grievous injuries on the neck and fell down. PW.1 wife of PW.2, who had also indulged in agricultural operations in the very land, heard the cries of her husband and saw the husband with bleeding injuries and the accused running away from the scene with sickle; immediately thereafter, PWs.6, 7 and 8, who were also working in respective fields came to the spot and shifted the injured PW.2 to Hiresavi Government Hospital, wherein the injured was treated by the Doctor PW.9 and was referred to higher Medical Centre.

(3.) Sri Majage, learned Additional SPP taking us through the material on record submits that the Trial Court is not justified in acquitting the accused, more particularly in the light of the evidence of PWs.1 and 2; the versions of eye witnesses including the injured eye witness support the evidence of PW.9 - Doctor, who has deposed that the injured has sustained grievous injuries.