STATE OF KARNATAKA Vs. VIJAY AND OTHERS

JUDGEMENT

(1.) The State has preferred this appeal being aggrieved by the judgment of acquittal dated 19.04.2014 passed by the Court of the II Additional District and Sessions Judge, Haveri, sitting at Ranebennur (for brevity hereinafter referred to as 'the Court below') in S.C.No. 68/2012 acquitting the respondents herein (accused in the Court below) from the offences punishable under Sections 120(B), 504, 323, 342, 324, 326, 325 and 302 R/w. Section 34 of the Indian Penal Code.

(2.) In its memorandum of appeal, the appellant-State has taken a contention that, PW-1, PW-9 and PW-10, who are the family members of the deceased and eyewitnesses to the incident, have supported the case of the prosecution in their examination-in-chief. However, in their cross-examination from the defence counsel, which was conducted after a lapse of nearly three months, some minor contradictions were found. The Court below has given much importance to such minor contradictions. PW-11 and PW-13, though have not supported the prosecution in their examination-in-chief, but have supported it in their cross-examination. This aspect was not properly read and considered by the trial Court. The Court below also did not appreciate the evidence of PW-18, the head constable, who had recorded the statement of the deceased as per Ex.P-29. Further, the Court below also failed to appreciate the evidence of the doctor in its proper perspective. With this, the appellant-State has prayed for setting aside the judgment and order of acquittal under appeal and to convict the respondents/accused for the alleged offences.

(3.) In response to the notice, the accused/respondents are being represented by their counsel. The lower Court records were called for and the same are placed before this Court.