STATE OF KARNATAKA Vs. VISHWANATHA DEVADIGA

JUDGEMENT

(1.) This appeal is filed challenging the judgment of acquittal passed in Criminal Appeal No.45/2006 dated 14.02.2013 on the file of II Additional District and Sessions Judge, Dakshina Kannada, Mangalore and prayed to confirm the judgment dated 20.01.2006 passed by the Civil Judge (Jr. Dn.) and JMFC, Moodbidri in C.C.No.27/2004 and pass such other order as the Hon'ble Court deems fit in the facts and circumstances of the case.

(2.) The brief facts of the case is that; on 17.02.1999 at about 3.00 p.m., the first informant Yashonanda Moolya has given the statement to Moodabidri Police that he is residing near Paper Mill Hosabettu Village along with his family, his brother Vishwanatha and his wife Harinakshi. On that day, the complainant had been to the house of his brother Vishwanataha i.e., accused No.1. In his house, his wife Harinakshi, his sister Bhavani i.e., accused No.2 and her daughter Yashoda were there. Accused No.1 was inside the room. There was altercation between the complainant and his sister Bhavani in the matter of partitioning the immovable property. In the meantime, accused No.1 came out of the house and caught hold of the complainant tightly. In the meantime, accused No.2 brought a sickle from inside and assaulted the complainant on his hands and legs and caused bleeding injuries. As a result, the complainant fell down. Accused No.2 came there and again, assaulted him on all the parts of the body. He requested the police to take action against them.

(3.) Based on the information given to police, police have registered the case against both the accused for the offences punishable under Sections 324 and 326 read with 34 of Indian Penal Code. Police also conducted spot mahazar and drawn the spot sketch and also recorded the statement of witnesses. After collecting the documents and on completion of the investigation, the police have filed the charge sheet against accused persons for the above offences.