STATE VIJAYAPURA POLICE Vs. DODDASUBBANNA ALIAS SUBBARAYAPPA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of acquittal passed by the learned Sessions Judge, Bangalore Rural District, Bangalore, dated 21.09.2001 in Sessions Case No.196/1998.

(2.) Brief facts, according to prosecution, which are necessary to dispose off this appeal could be stated as follows; That, on account of dispute between the accused persons and PWs 1 to 8 in connection ,with taking water from tank to feed their lands, situated near the tank of Yembrahalli Village; Accused persons had formed an unlawful assembly on 05.01.1998 at about 7:00 a.m., near Basaveshwara Temple of Yembrahalli Village, with the common object of committing riot and taking away the life of the above said persons, assaulted them with clubs and reapiece patties when they were going to their lands in order to feed water. In the process they caused simple injuries, besides grievous injuries to PWs 3 and 4. They even threatened to take away their lives. PW-1 lodged a complaint at Vijayapura Police Station. When police visited the place of incident at 10:00 a.m., on 05.01.1998, it is stated that, PW-9 produced M.Os 1 to 11 possessed by the accused persons, which were snatched by him and a mahazar was drawn as per Ex.P-3, in the presence of PWs.11 and 12. FIR/Ex.P-4 was issued on the basis of Ex.P-3. Injured persons were taken to Government Hospital at Devanahalli, where they were given treatment. PWs 3 and 4 were referred to Victoria Hospital for further treatment. Exs.P-5 to P-11 are the wound certificates issued by the Doctors. After recording statements of the witnesses and completing the investigation, charge-sheet against all the accused persons was filed before the Jurisdictional Magistrate at Devanahalli, for the offences punishable under Sections 143, 147, 148, 307, 323, 324, 326 and 506 read with Section 149 of I.P.C. The case was committed under Section 209 Cr.P.C. to the Session Court. The case against accused No.6 was split up and charge was framed against other accused persons for the offences punishable under Sections 148, 307 and 506 read with Section 149 of I.P.C. The accused pleaded not guilty for the charge and case was posted for trial. During the course of trial, 16 witness out of 18 witness cited En the charge-sheet were examined by the prosecution. 12 documents and 11 material objects were marked in support of the prosecution case. Except marking Ex.D-1 during cross-examination of PW-14, accused have not adduced any evidence in their defence even after they were questioned under Section 313 Cr.P.C. Keeping in view the rival contentions and after examining record of the case, learned Sessions Judge has answered the points raised by him against the prosecution by holding that, prosecution has failed to bring home the guilt of accused persons beyond reasonable doubt for the offences charged against them and given them benefit of doubt in the light of the counter-case filed against them.

(3.) The State, aggrieved by the trial Court judgment, has preferred this appeal.