High CourtsSingle Bench(2013) 12 KAR CK 0255

State of Karnataka vs Shiva, Shivaramu, Ramesha and Susheelamma

Karnataka High Court · Decided on 5 December 2013

HON’BLE JUDGES
N. Ananda, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 726 of 2008

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Judgment

6 paragraphs · 236 words

N. Ananda, J.—The state has preferred this appeal against the judgment of acquittal of respondents (accused Nos. 1 and 4) for offences punishable under Sections- 323, 324 read with Section- 34 of the Indian Penal Code. I have heard the learned State Public Prosecutor.

2.

It is the case of the prosecution that accused No. 1 to 4 with a common intention to assault, quarreled with PW2 to PW3 and hit PW-2 on the head and back with a stick and assaulted on the left side of head of PW-3 with sickle thereby committed offences punishable under Section- 323, 324 read with Section- 34 of the Indian Penal Code.

3.

PW-1, Dr. K.G. Srikala has given evidence in proof of injuries suffered by PW-2 and PW-3. However, the injured namely PW-2, Shankara son of Channaiah and PW-3, Shankara son of Channappa have given a complete go by to the case of the prosecution. PW-2 and PW-3 have consistently deposed that there was no quarrel and accused had not assaulted them. PW-2 and PW-1 were declared as hostile witnesses.

4.

Even during the cross-examination of PW-2 and PW-3 nothing has been elicited by the prosecution to prove the charges against the accused. The learned Sessions Judge has rightly acquitted the accused. On reappreciation, I do not find any reasons to interfere with the impugned judgment. In the result, I pass the following:

ORDER

The appeal is dismissed.