STATE OF A. P. Vs. A1 MUNDE AMBAJI

JUDGEMENT

(1.) The appellant-State filed the present appeal by invoking the provision under Section 378(1) and (3) of the Code of Criminal Procedure, challenging the judgment dated 24.03.2008 in C.C.No.56 of 2005 on the file of the Judicial First Class Magistrate, Boath, wherein and whereby the learned Magistrate acquitted the respondents/A1 to A3, A5 and A6 for the offence punishable under Section 324 read with Section 34 IPC.

(2.) The case of the prosecution, in brief, is that on 24.11.2004 at 9000 hours, the de-facto complainant lodged a report stating that himself and his wife Gangubai were cultivating the crops in their fields and that when the crops came to his hand, his wife with the help of her brothers quarreled with him and sent away from his house, due to which, he spent in Lalda Village for one month, and that after knowing about the sale of crop i.e., Soyabeen, by his wife and her brothers, he went to Chincholi and that on 24.11.2004 at 7000 hours., when the de-facto complainant went to his house, his wife-A6 poured chilli powder on his eyes and A1 to A5 beat him with sticks indiscriminately and caused injuries over his nose, right hand, and when he made hue and cry, the neighbors came and rescued him from the hands of the accused. Based on the said complaint, a case in Cr.No.151 of 2004 was registered for the offences under Sections 324, 147 read with Section 149 IPC against the accused.

(3.) Heard learned Assistant Public Prosecutor for the appellantState, Sri L. Dayaker Reddy, learned counsel for the respondents/A1 to A3, A5 and A6 and perused the record.