STATE OF KARNATAKA Vs. THIMMAPPA GOWDA

JUDGEMENT

(1.) THE judgment dated 17th April, 2010 in S.C.No.2/2009, on the file of Fast Track Court, Puttur, acquitting the accused of the offences punishable under Sections 307 and 324 IPC is challenged by the State in this appeal.

(2.) BRIEFLY stated, the facts of the case are as under: That P.W.2 - Channanagowda and his brother Thimmappa Gowda were residing in adjacent houses. There existed a land dispute between P.W.2 and his brother Thimmappa Gowda, the accused herein for several years. On 4.5.2008, the accused had cut some trees grown in the land belonging to P.W.2. This fact was informed by P.W.2 by his another brother P.W.3. On 6.5.2008, at about 7.00 A.M., P.W.3 questioned the accused with regard to cutting of trees grown in the lands belonging to P.W.2. The accused got wild and assaulted P.W.2 with a club and also fired at him by an 'air gun', which was brought by the wife of the accused Jayanti. P.W.2 sustained bleeding injury on his left forearm. P.W.3 took P.W.2 to the Government Hospital at Belthangadi, where he was given a first aid by the doctors with an advise to go to Mangalore for further treatment. Based on the statement of P.W.2, an FIR was registered in Crime No.155/2008 at about 10.30 A.M. by P.W.11 -PSI which reached the jurisdictional Magistrate at 1.25 P.M. on the same day. After investigation, the police have filed a charge sheet alleging commission of offences punishable under Sections 324, 326 and 307 IPC. However, the trial Court framed charges under Sections 307 and 324 IPC.

(3.) TO prove its case, the prosecution has examined 11 witnesses, produced 15 exhibits and 3 material objects. Defence in support of its case has got examined two witnesses.