- (1.) This appeal by special leave is directed against the judgment and order dated 22.01.2009 passed by the High Court of Karnataka at Bangalore allowing Criminal Appeal No. 1696/2005 preferred by the respondents herein and setting aside their conviction as recorded by the trial court and acquitting them of all the charges leveled against them.
(2.) On 06.09.2000, PW15 M.N. Somashekharaih, then working as ASI in Kota Police Station, reached the Police Station at 6.55 a.m. and was informed by Head Constable-37 that PW7 Jagadamba, daughter of Shivarudraiah of Mavukere village had informed on telephone that persons of Nayaka community had smashed her father with stones and were attacking the police personnel. PW15 instructed that an ambulance be sent to Mavukere village and left along with some police personnel for Mavukere. According to PW15 when he reached the spot at about 7.15 a.m. he saw Shivarudraiah having received serious injuries on his head, hand and legs and was writhing in pain and shouting "Ayo Ayo". He made arrangements to send said Shivarudraiah for medical attention to hospital at Tumkur. According to him, out of two constables, namely Jayaram and Rajanna, one had received injuries and PW15 made inquiries with them. His superior reached the spot at about 9.30 a.m. and therefore said PW15 left for the Police Station.
(3.) At about 10.00 a.m., PW1 Siddaramaiah came to the Police Station with a written complaint which was registered as First Information Report, on the basis of which Crime No.135 of 2000 came to be lodged. The relevant assertions in the written complaint were as under: "About one month ago, there was a quarrel in our village with regard to 5 acres land in Sy. No.135/1 and 129 between the members of Naik community, Uppara community and Lingayat community. In respect of the same, on 5.8.2000 Shekhar and others belonging to Naik community quarreled with us. With regard to this enmity has arisen between us and members of Naik community and petty quarrels were taking place from time to time. In these circumstances on 06.09.2000 morning at 6.00a.m., I was standing on his cycle towards his land and came on the road opposite the house of Shivaramaiah, s/o Nanjundaiah and at that time residents of our village viz. (1) Sateesh, s/o Siddagangaiah (2) Siddaiah, s/o Sunnarangaiah (3) Lakshmaiah, s/o Sunnarangaiah (4) Suresh, s/o Late Chikkarangaiah (5) Shekaraiah, s/o Late Chikkarangaiah (6) Nanjaiah, s/o Late Chikkarangaiah (7) Shanakariah, s/o Late Chikkarangaiah (8) Kaluvaiah, s/o Late Chikkarangaiah (9) Shankaraiah, s/o Late Chikkarangaiah (10) Nanjundaih, s/o Late Chikkarangaiah (11) Manjukumar, s/o Kaluvaiah, (12) HMT Shivanna, s/o Nanjundaiah (13) Ramesh, s/o Nanjundaiah (14) Jagadish, s/o Shivananjaiah (15) Manjunath, s/o Shivananjaiah (16) Jayaramaiah, s/o Ramakrishnaiah (17) Shrirangaiah, s/o Puttiah (18) Rangandhamaiah, s/o Lakshmirangaiah (19) Nanjaiah, s/o Nanjundaiah (20) Ishwariah, s/o Nanjundaiah, all had formed unlawful assembly and were armed with clubs in their hands passed me on the road and unlawfully obstructed Shivarudraiah who was coming on the cycle. They stopped him and Shekhar pushed the cycle down and as soon as Shivarudraiah fell on the ground, Suresh, s/o Late Chikkaraingaiah said that, "one of the two has to happen today, we will finish this fellow". As soon as he uttered this, all of them made Shivarudraiah sit on the ground, held his hands and legs and made him sleep on the ground. They placed his legs on a flat stone and smashed his legs with size stones (boundary marker stones) (Talakuttu). Shivarudraiah started screaming. They did not leave him and some of them relentlessly started beating Shivarudraiah with the clubs held by them in their hands. Hearing the screaming, Shivarudraiah's wife came running and embraced her husband. They pulled parvatamma and pushed her aside. Later they repeatedly kicked him with their legs. At that time, I screamed saying that, "they are going to kill Shivarudraiah". They saw people coming from the village side and threw away the clubs which they were holding in their hands there itself and ran away. Myself, Parvatamma and Jagadamma lifted Shivarudraiah. His left leg was smashed and was bleeding. There were open wounds on the right side of the head, right hand, forearm, left knee, right feet and left leg and blood was oozing out. This incident was witnessed by Chandrashekaraiah, s/o Gurulingaiah, Nanjegowda, s/o Shivanna, Narasimhaiah, s/o Chikkappa by standing in their respective lands. All of them were afraid of the members of the Naik community and did not come forward to help.";