STATE Vs. NITHINRAJ SHETTY AND ORS.

JUDGEMENT

(1.) The judgment and order of acquittal dated 29.8.2011 passed by the III Additional District and Sessions Judge, D.K., Mangalore in S.C. No. 125/2009 is called in question in this appeal by the State.

(2.) Case of the prosecution in brief is that, accused Nos. 1 and 2 came on a motor cycle whereas accused Nos. 3 to 8 followed accused Nos. 1 and 2 in a Maruthi Alto Car. All of them were armed with wooden club and reaper; they came near the house of P.W. 17 -Raghavendra; at that point of time, PWs. 1 and 2 also came near the house of P.W. 17; on seeing PWs. 1 and 2, accused No. 3 instigated the other accused to assault PWs. 1 and 2 and accordingly, accused Nos. 1 and 2 who were holding wooden reaper assaulted on the face of P.W. 1 whereas accused No. 2 assaulted on the body of P.W. 1 as well as P.W. 2. The other accused also joined the hands with accused Nos. 1 and 2 to assault PWs. 1 and 2. It is further the case of the prosecution that all the accused entered into the house of P.W. 17 and assaulted him as well as P.W. 2 also. Since P.W. 1 had sustained grievous injuries, he was shifted to A.J. Hospital, Mangalore by P.W. 7 along with P.W. 9; P.W. 1, who had sustained grievous injury, was discharged from the hospital after two days of the incident. The wound certificate of P.W. 1 is at Ex. P10 whereas the wound certificate of P.W. 2 is at Ex. P11. The opinion furnished by the Doctor regarding the weapon used for commission of offence on P.W. 1 is at Ex. P12.

(3.) In order to prove its case, the prosecution in all has examined 19 witnesses and got marked 19 Exhibits and 6 Material Objects. On behalf of the defence, one Exhibit was marked. The Trial Court on evaluation of material on record, acquitted all the accused.