STATE OF KARNATAKA Vs. MAHADEVASWAMY AND OTHERS

JUDGEMENT

(1.) This appeal is preferred by the State being aggrieved by the judgment and order of acquittal dated 8.6.2012 passed by the learned Presiding Officer, Fast Track Court No. IV, Mysore, insofar as acquitting the respondents- accused of the offences punishable under Sections 323, 307, 341 and 114 r/w Section 149 of IPC.

(2.) Brief facts of the prosecution case are that on 4.9.2010 around 7.30 p.m., the respondents-accused formed themselves into an unlawful assembly near a Banyan tree in front of the bus stand of Hadanuru village, H.D.Kote Taluk, with an intention to kill P.W.2 Shivananju, S/o Nanjundaswamy committed rioting by holding deadly weapons and wrongly restrained P.W.2 with the further object of committing murder. The accused assaulted P.W.2 and caused bleeding injuries. The motive alleged was some old enmity between C.W.2 and the respondents-accused. Accused Nos. 5 and 7 said to have abused C.W.2 in filthy language. Accused Nos. 6 and 7 caught hold of him. Accused No. 8 instigated to assault him with chopper. Accused No. 1 assaulted on the left side of the neck of C.W.2 with chopper and also on the backside of the neck causing bleeding injuries. Accused No. 2 assaulted with chopper on the left side forehead of C.W.2 and also on the back. Accused No. 3 assaulted with the chopper on the right portion of stomach of C.W.2 and backside of the neck and also on his back causing bleeding injuries. Thereafter, accused Nos. 4 and 5 took away all the weapons from accused Nos. 1 and 2 and accused No. 4 assaulted with rear part of chopper on the left side arm of C.W.2, accused No. 5 assaulted on the right knee of C.W.2 with rear part of the chopper. Due to the assault, C.W.2 fell down and accused Nos. 6 to 8 kicked him and further threatened him that they will not leave him. At that time, C.Ws.8 to 10 intervened and pacified the galata. Likewise, C.Ws.12, 14 and 15 who were also present there, witnessed the incident. Later C.W.2 was taken to the hospital at H.D.Kote, thereafter, shifted to K.R.Hospital, Mysore. P.W.1, uncle of the injured lodged the complaint with Saragur police. On the basis of the said complaint, case came to be registered in Crime No. 180/2010 for the offences punishable under Sections 143, 144, 147, 148, 307 r/w Section 149 of IPC.

(3.) We have heard the arguments of the learned High Court Government Pleader for the appellant-State and also the learned Amicus Curiae representing respondent Nos. 1 to 8.