PRAKASHAMMA @ PRAKASHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Judgment and Order of acquittal dated 29th May 2012 passed by VI Addl. District and Sessions Court and Special Court, Mysore, in Special Case No.75/2011 is called in question in this appeal by the original complainant (injured P.W.1). By the impugned Judgment, the Trial Court has acquitted both the accused of the offences punishable under Sections 324 and 326 read with Section 34 of IPC and under Section 3(1)(x)and 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act, 1989.

(2.) Case of the prosecution in brief is that there is a dispute between the complainant/injured and her family members on one side and the accused on the other in respect of the land bearing Survey No.146 measuring 5 acres 15 guntas situated within the limits of Hittuvalli village of T.Narasipur Taluk, Mysore District. The said land belongs to Ananda Rao; The complainant as well as the accused are claiming possession over the same and the litigation between the parties is pending before the Civil Court.

(3.) At about 2.00 p.m., on 13.03.2011, when the complainant was in her paddy field, the last son of Kariyappa and his friend came to the said spot and asked the complainant as to why she was conducting agricultural operation in the disputed land; She was abused to the effect that the land is not her father's property and that therefore, she could not cultivate the same; So saying, the last son of Kariyappa and another person assaulted on the head and hand of the complainant (P.W.1) with iron rod; The complainant raised hue and cry; On hearing the cries, the neighbours Kallamma and Ramappa immediately came near the spot and rescued her. In the mean while, the accused went away on the scooter; Thereafter, the injured were taken to Hittuvalli village by the persons who had gathered there and thereafter, she was taken to Govt. Hospital, T.Narasipur, wherein she was admitted as in-patient. During the course of treatment, the statement of the complainant was recorded as per Ex.P.1 at 2.00 p.m., on 14.03.2011 by the Assistant Sub-Inspector of Police (P.W.12) as per Ex.P.1 which came to be registered in Crime No.43/2011. After completion of investigation, charge-sheet came to be filed by P.W.16. During the course of investigation, two additional statements of the victims were also recorded.