STATE Vs. VASANTHAKUMAR

JUDGEMENT

(1.) The judgment and order of acquittal dated 3.11.2015 passed by the Sessions Court, Tumkur in SC.No.254/2012 is appealed against by the State. By the impugned judgment, the trial Court has acquitted the accused of the offences punishable under Sections 143, 148, 450, 427, 323, 324, 307 r/w. Section 149 of IPC.

(2.) Case of the prosecution in brief is that the complainant's father Hanumaiah and Mr.Sanjeevaiah (uncle of the complainant) are brothers; complainant, his wife and children are residing at Bangalore; the complainant's parents and sister are residing at Paduvagere; on 21.2.2011 at about 7.30 p.m. there was a galata between the family of the complainant and Sanjeevaiah in respect of the amount received by selling timber; the said galata was informed by Sanjeevaiah (accused No.5) to his children (other accused); thereafter all the accused formed into an unlawful assembly, broke open the door of the house of Hanumaiah with an iron rod and assaulted his family members with chopper and iron rod, with an intention to do away with the lives of inmates of the house; parents of the complainant and another uncle of the complainant were grievously injured and they were shifted to General Hospital at Kunigal. Charge sheet came to be filed against six accused in toto.

(3.) In order to prove its case, the prosecution in all has examined 10 witnesses and got marked 7 Exhibits and 10 Material Objects. On behalf of the defence, no witness is examined. The trial Court on evaluation of the material on record, as aforementioned acquitted the accused.