MUNIANJANAPAA VENKATAMUNIYAPPA Vs. BYREGOWDA CHIKKAVEERAPPA & ORS

JUDGEMENT

(1.) Though this matter has been listed for orders, learned counsel for both parties submit that the case may be heard finally. As, a short question is involved, we are persuaded to hear the matter finally for disposal.

(2.) This appeal is filed by complainant in Crime No.84/2011 aggrieved by the judgment and order of acquittal dated 207.2014 passed in S.C.No.29/2012 by the IV Additional District and Sessions Judge, Doddaballapur, Bangalore Rural District. By the said judgment and order, the learned Sessions Judge has found accused 1 to 7 not guilty of offences punishable under Sections 143, 504, 326, 427 r/w section of 149 IPC. They have been accordingly acquitted.

(3.) Facts involved in this case disclose that on 02.06.2011 at about 10.00 p.m. in the night at Chunchegowdanahalli Village accused 1 and 2 - Byregowda S/o Chikkaveerapppa and C.C.Nagaraju S/o Late Chikkaveeranna parked their tractor across the road; one C. M. Venkatesh (CW2) came there in his tractor to proceed to his house; he sounded horn alerting accused 1 and 2 to make way for him; accused No.4 - Srikantha S/o. Byregowda came there to remove the said tractor; thereafter, C.M. Venkatesh moved his tractor; at that time, accused No.1 told his son not to remove the tractor and abused C.M. Venkatesh; he assaulted C.M. Venkatesh with chopper resulting in injuries on the left hand index finger and on thumb finger of C.M. Venkatesh; accused No.1 also assaulted C.M. Venkatesh with club and dashed the tractor belonging to C. M. Venkatesh to the electric pole and caused damage. Father of injured filed a complaint against accused 1 to 7. Allegations of causing damage to the tractor was also made against accused Nos. 3 to 7.