STATE OF KARNATAKA Vs. PURUSHOTHAMA

JUDGEMENT

(1.) The judgment and order of acquittal dated 28.9.2012 passed by the Principal Sessions Court, Mandya in S.C.No.58/2010, is appealed against by the State. By the impugned judgment, the trial Court has acquitted the accused of the offences punishable under Sections 307 and 114 r/w Section 34 of IPC.

(2.) The case of the prosecution in brief is that the complainant/injured and the accused are neighbours; there was a dispute between the complainant and accused with regard to pathway; when the niece of the complainant namely, Prema-P.W.4 was passing through the said pathway, accused No.1 objected for the same; the said fact was informed by Prema to the complainant, who in turn went to the house of accused No.1 for making enquiries; accused No.1 justified his action; however, the complainant and Prema started proceeding to their house from the house of accused No.1; but in the meanwhile, all the accused came in a group with an intention to pick up quarrel and commit murder of the complainant and started quarreling with the complainant; accused No.2, the father of accused Nos.1, 3 and 4 and all other accused came to the said spot and started quarreling with the complainant; accused No.4 was holding a small axe, whereas, accused No.3 was holding a club; accused No.1 was allegedly holding a chopper; accused No.2 instigated other accused to do away with the life of complainant; accordingly, accused No.4 assaulted on the head of the victim (P.W.1) with the small axe, whereas, accused No.3 assaulted on the face of the injured; however, no specific overt acts is attributed to accused No.1; because of such assault, P.W.1/complainant sustained grievous injuries on his face.; He was immediately shifted to Shivalli Government Hospital within half an hour of the incident, wherein he was treated by the Doctor P.W.7 and thereafter, by the Doctor P.W.11. The injury certificate issued by P.W.7 is at Ex.P4 whereas, the MLC extracts marked through P.W.11 are at Exs.P9 and P10 and X-ray report is at Ex.P11.

(3.) In order to prove its case, the prosecution in all examined 11 witnesses and got marked 11 exhibits and 6 material objections. The trial Court, on evaluation of the material on record, acquitted the accused. Hence, this appeal by the State.