BHEEMANNAGOUDA Vs. PAVADEPPA

JUDGEMENT

(1.) This criminal appeal is filed by the appellantcomplainant against the judgment dated 04.07.2011 made in Criminal Appeal No.04/2008 on the file of I Addl. Sessions Judge, Bijapur, allowing the appeal by setting aside the judgment of conviction and sentence passed by the Trial Court in C.C.No.61/2007 on 27.12.2007.

(2.) The accused suspected the complainant- Bhimanagouda Biradar that he is having illicit relationship with his wife. In that background on 19.01.2006 at about 04.00 a.m. when the complainant was going towards his land to irrigate the wheat crop in his land, the accused persons came on the way. They dragged the complainant towards the house of Accused No.1 and all the accused persons with common intention have wrongfully restrained and assaulted the complainant with club, hands and sticks. They tied the complainant with rope and abused him in filthy language. Thereby it is alleged that accused persons have committed the offences punishable under Sections 323, 324, 342, 504 r/w Section 34 of IPC. On the basis of complaint, the jurisdictional police have registered the case in Rural P.S. Crime No.14/2006 for the offences stated supra. After taking the cognizance the summons were issued to the accused persons. The accused persons appeared before the Court and released on bail.

(3.) In order to prove the prosecution case, PW.1 to 7 witnesses were examined and got marked documents Ex.P.1 to 58. No defense was made nor produced any documents except production of M.Os.1 and 2 club and rope respectively.