SRIKANTEGOWDA Vs. CHANDRA MURTHY MAJOR

JUDGEMENT

(1.) This appeal is preferred by the appellant-complainant being aggrieved by the judgment and order of acquittal dated 08.02.2012 passed by the Chief Judicial Magistrate, Hassan in Criminal Case No.2/2001 wherein respondents-accused Nos.1 and 3 have been acquitted for the offences punishable under Sections 323 and 326 of IPC.

(2.) Brief facts of the prosecution case as per the private complaint filed before the Magistrate Court is that, complainant is the permanent resident of Hassan city and is a chicken merchant supplying chicken to the sophisticated hotel and is a law-abiding citizen. Accused No.1 is the driver of police jeep of Hassan town police station. Accused No.2 is the sub-Inspector of said police station and accused No.3 is the driver at K.S.R.T.C., Hassan. On 11.5.1996 at about 6.00 p.m. when the complainant was going on his bicycle to the house of one Gangadharashetty, on the way he met one Rangaswamy and he accompanied him for a distance. While coming so, said Rangaswamy went near the house of his brother Rangegowda i.e., accused No.3/respondent No.2 herein and started abusing Rangegowda in relation to some family matter between them. Rangaswamy pelted stones on the house of accused No.3. By seeing the same, accused No.3 came out of the house and slapped on the face of Rangaswamy and also abused the complainant as to why he has accompanied his brother. Accused No.3 dragged the complainant towards his house in aggressive manner and also managed to get the police through telephone. Later, about 3 police constables came in a police jeep bearing No.MYO-1262 to the spot. The driver of the said jeep i.e., accused No.1 came down and started assaulting the complainant with lathi and abused in filthy language. When the complainant protested, accused No.1 caught hold of complainant's hand and kicked on his thigh and legs and thereby, complainant sustained grievous injuries. Two constables were simply watching the illegal acts of the driver of the jeep. Thereafter, complainant was taken to the town police station in the said police jeep. Accused Nos.1 and 2 did not care to take the complainant to the hospital for medical treatment. Complainant was illegally detained whole night and on 15.1996 at 12 O' clock he was released without any investigation and enquiry. As it was Sunday, complainant could not take medical treatment in the Government Hospital and on 13.5.1996 he has taken treatment for the injuries caused to him by accused No.1.

(3.) We have heard the arguments of learned Amicus Curiae for the complainant and also the learned counsel appearing for respondents/accused Nos.1 and