STATE OF KARNATAKA Vs. M CHANDRAPPA

JUDGEMENT

(1.) The State has filed this appeal being aggrieved by the juc'gment and order of acquittal dated 31-3-84 passed by the J.M.F.C., Mudigere, in C. C. No. 861/ 1984, on his file, acquitting respondents accused (1) & (2) of the charge of the offences punishable under Ss. 504, 353 R/W 34 IPC, levelled against them.

(2.) A-1 M. Chandrappa is a teacher. A-2 H. Manjula is his wife. PW-5 Chikkegowda being poice constable at the time of the incident was attached to Kalasa Police Station. PW-4 N. Shivanna, who is the Head Master of the school, where A-1 was working, it would appear, had given a complaint to the police. A1 was under an impression that some police had come to make inquiry into that complaint given against him. On 10-11-1982, when PW-5 who had gone out to Gummankhan Estate in search of some known depradator and while returning back from there was waiting at Hirebail to catch a bus. It is the case of the prosecution, A-1 accompanied by his wife A-2 went to the bus- stop, where PW-5 was waiting for bus, abused and questioned him if he was the police officer who had come for enquiry and while abusing him, he slapped him. It is stated A-2 who was accompanying him also abused him in indecent words and also threatened to beat him by means of brooms. In that process, due to mand handling by A-1, the buttons of the uniform worn by PW-5 were also torn. He went to the police station and complained about the same. On the basis of the complaint given by him as per Ex. P-4, case was registered and after seizing the two buttons found lying at the bus-stop and after recording the statements of material witnesses who were present and witnessed the incident taking place, a charge sheet was sent against the accused.

(3.) The defence of the accused was one of denial. The further defence tried to be made out was that at the instance of PW-4, the PSI had got foisted a false case.