STATE OF KARNATAKA Vs. YEDA

JUDGEMENT

(1.) SRI J. T. Girish, learned Counsel is appointed as Amicus Curiae for R7 in Crl. A. 272/2001.

(2.) ON 28-4-1991, PW-1 (injured) around 4 p. m. , was returning from his land, Al to a12 and others wielding weapons emerge from the canal side ambush PW-1. A1 deals blow with a view to chop of the head. PW-1 fell down. All the accused assault on the left hand and the left leg for about 4 to 5 times. Wife of one Mari (PW-3), who comes to the scene, notices the assault. PW-3 goes and informs PW-4 and CW-5 and come to the scene. PW-1 is taken to Holenarasipura Hospital,later on taken to Hassan Hospial and to Victoria hospital, Bangalore.

(3.) IT is the case of the prosecution that the assault takes place on account of political rivaries. It is further said that A17, who was not one of the assailants at the scene but his henchman Al to A16 carry out the assault at the instigation of A17. The medical officer sent Ex. P17-a memo to the police intimating admission of MLC case. PW-11 visits the hospital. The written FIR is submitted to PW-11. According to medical evidence, PW-1 has sustained as many as 12 injuries including frac-tures of collis, tibia, left leg and right calcanium. 5 and 6 are grievous injuries. The police after the investigation, filed charge sheet against 17 accused persons. A16 died during the pendency of the trial. A1 to A15 and A17 faced the trial.