STATE OF KARNATAKA Vs. MANJUNATHA @ KARIUGRA

JUDGEMENT

(1.) The judgment and order of acquittal dated 24.1.2013 passed by the Fast Track Court, Chitradurga in S.C.No.102/2012 is appealed against by the State. By the impugned judgment the trial Court has acquitted the accused of the offences punishable under Sections 114, 324, 307, 504, 506 r/w Section 34 of IPC.

(2.) Case of the prosecution in brief is that due to prior rivalry between the complainant (P.W.1) and accused No.1, quarrels used to take place between them; at about 6.15 p.m. on 5.1.2012, when the complainant was talking with P.Ws.4, 5 and 6 near public water tank situated at Gollarahatti of Madadakere village, Hosadurga taluk, accused No.1 started quarreling with the complainant and thereafter, gave a blow with the chopper over the left ear of the complainant (P.W.1); he also assaulted P.Ws.2 and 3 who intervened in the meanwhile; consequent upon which, P.W.1 sustained grievous injuries and P.Ws.2 and 3 sustained simple injuries; due to assault by accused No.1 on the left ear of P.W.1, his left earlobe is said to have been slit into two pieces; accused No.2 instigated accused No.1 to commit the offences.

(3.) In order to prove its case, the prosecution in all examined 11 witnesses and got marked 10 exhibits and one material object. On behalf of the defence, no witness is examined. The trial Court, on evaluation of the material on record, acquitted the accused.