STATE OF KARNATAKA Vs. H L NIJALINGAPPA

JUDGEMENT

(1.) The judgment and order of acquittal dated 27.01.2012 passed by the Fast Track Court-I, Hassan, in S.C.No.87/2006 is appealed against by the State. By the impugned judgment, the trial Court has acquitted the accused/respondent of the offences punishable under Sections 504 and 307 of IPC as well as Sections 3 and 25 of the Indian Arms Act.

(2.) Case of the prosecution in brief is that the respondent-accused wanted to purchase the agricultural land from one Smt. Susheelamma (P.W.5); the injured (P.W.2) purchased the said property from Susheelamma (P.W.5); after purchase of the property, P.W.2 got vacated the encroachment made by the accused over the said purchased property; in that regard, the accused had developed ill will against P.W.2. So also there were certain civil litigations pending between P.W.2 and the family members of the accused for different reasons. At about 9.00 p.m. on 9.2.2005, P.W.2 had got the lorry parked in front of his house for transporting the ginger which he had grown in his land; when the bags containing the ginger were being loaded in the lorry; the accused came to the said spot at 10.00 p.m. in a motor cycle; he started scolding the person, who had parked the lorry on the road in filthy language; the injured (P.W.2), who was standing behind the lorry at that point of time, proceeded in front of the lorry and told the accused that he should not scold the driver of the lorry inasmuch as the road would be cleared immediately within five minutes. In that regard, quarrel ensued between the two parties; the accused suddenly took out unlicenced revolver and fired two gunshots towards P.W.2, consequent upon which P.W.2 sustained the grievous injuries; when he tried to shoot for the 3rd time, P.W.2 prohibited the accused to do so by lifting the hand of the accused consequent upon which the third gun shot was fired in air; since P.W.2 had sustained the gun shot injury, he fell down. The incident was witnessed by P.W.1 (wife of the injured) and P.Ws.13 to 16. The injured (P.W.2) was shifted to the Government hospital at Sakleshpur and based on the doctor's advise, he was shifted to the City Hospital at Mangaluru. In the meanwhile, a complaint came to be registered by P.W.1 as per Ex.P.1 which came to be registered in crime NO.24/2005 by Sakleshpur police station by P.W.17 (Sub- Inspector of Police) who conducted investigation in part. Subsequently, P.W.19 took over the investigation and completed the same and laid the charge sheet.

(3.) In order to prove its case, the prosecution in all has examined 19 witnesses and got marked 19 exhibits and 8 material objects. On behalf of the defence, one witness is examined and three documents were got marked. The trial Court, on evaluation of the material on record as aforementioned, acquitted the accused mainly on the ground that the prosecution has not explained the injuries sustained by the accused in the very crime.