K HANUMANTHAIAH Vs. NARASIMHAIAH

JUDGEMENT

(1.) THE complainant has preferred this petition challenging the acquittal of the respondent No. 1 (accused) in respect of the charges for the offences punishable under Sections 323, 324, 504 and 506 (b) of the IPC on a trial held by Judicial Magistrate First Class, Tiptur.

(2.) THE facts relevant for the purpose of this Revision are as under: there was a land dispute between the petitioner and the accused (first respondent herein) and it is alleged by the complainant that on 27. 10. 2004 around 3 pm, when he was in front of a shop in APMC Yard, the accused abused him in filthy language by holding the collar of his shirt and dragged him on to the ground, fisted on his face and kicked on his stomach, ribs and caused the injuries. Even on the next day at about 4 p. m. , when the complainant was taking tea in a tea shop, the accused abused him in filthy language, threatened him by showing a chopper and attempted to assault with a chopper. The said chopper was snatched by one Sadashivaiah and thereafter a complaint came to be lodged in respect of these incidents on 28. 10. 2004 to PW. 6 and the crime was registered and the complaint at Ex. P. l, the FIR Ex. P. 7 were sent to the Magistrate. PW. 6, went to the scene of occurrence, held the spot mahazar Ex. P2 and recorded the statements Exs. P. 2 to P. 4. The injured was also examined by the Doctor pw-5 and the Injury Certificate was secured. The chopper MO-1 was also seized during investigation. After the completion of the investigation, charge-sheet came to be filed against the accused, the respondent No. 1 herein.

(3.) DURING the course of the trial, the prosecution led the evidence of pws 1 to 6 and got marked the documents Ex. P. l to P. 6 and MO. 1. The statement of the accused was recorded. He took the defence as total denial and has not led any evidence. On appreciation of the material on record, the learned Magistrate has acquitted the accused - respondent No. 1 herein and aggrieved by the acquittal, this Revision has been preferred by the complainant.