STATE OF KARNATAKA Vs. CHATTANGADA B. KARIAPPA

JUDGEMENT

(1.) Heard the learned High Court Government Pleader-State and also the learned counsel for the respondent/accused since there are two appeals, Crl.A.No.975/2018 is filed by the State/appellant against the acquittal order for the offence punishable under Sec. 307 of IPC and the other appeal Crl.A.No.574/2018 is filed by the accused/appellant against the conviction order.

(2.) The factual matrix of case of prosecution before the Trial Court is that C.B.Subbaiah, who is the brother of accused is injured and case has been registered. There was an inter se dispute between the accused and the witnesses and incident was taken place in connection with civil dispute between the parties. The case of the prosecution that accused with an intention to kill the P.W.1, assaulted him with pickaxe targeting on his head, but, P.W.1 warded off the said blow, as a result, he has sustained injury to his shoulder and Police have registered the case based on the statement of the injured for the offence punishable under Sec. 307 of IPC and dispatched the FIR to the Court and thereafter investigated the matter by drawing mahazar-Ex.P.2 and seized MO.1-pickaxe and recorded the statement of witnesses and Investigating Officer collected the wound certificate and after the completion of investigation invoked Sec. 307 of IPC. The accused did not plead guilty and claims trial and hence, prosecution relies upon the evidence of P.W.1 to P.W.8 and also Ex.P.1 to Ex.P.5 and the material object MO.1. During the course of cross- examination of P.W.7, portion of statement is marked as Ex.P.1. The accused was subjected to 313 statement and denied all the incriminating evidence and did not choose to lead any evidence. During the course of argument, the counsel appearing for the accused filed a memo and produced certified copy of the plaint, written statement objection and order sheet in O.S.No.95/2016, which is pending before the Senior Civil Judge Court, Virajpet and also certified copy of the 'B' report filed arising out of Crime No.36/2016 i.e., in the previous day, case was registered against P.W.1 and 'B' report was filed.

(3.) The counsel appearing for the State brought to notice of this Court that the P.W.1 in his evidence specifically pleaded that accused with an intention to take away the life, tried to assault on the head with pickaxe, but due to the P.W.1 ward off the said blow, as a result, he has sustained injury to his shoulder and immediately C.W.2 and C.W.7 brought the Auto rickshaw and he was taken to the hospital. In the cross-examination, a suggestion was made that injuries are not occurred on account of the assault made by the accused and the said suggestion was denied and also he had reached the Kutta Hospital for treatment at 11.30 a.m., on the date of the incident in an Auto rickshaw and C.W.3 to C.W.7 were not accompanied to Kutta Hospital. It is suggested that he assaulted the accused on 10/6/2016.