IMPORTANT POINT
Appellate court should not reverse the order appealed against unless it is perverse.

JUDGMENT

V. GOPALA GOWDA, J.

This appeal is filed by the appellants questioning the correctness of the judgment and final order dated 11.08.2010 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 1256 of 2005 in setting aside the order of acquittal of the appellants passed by the trial court thereby imposing sentence of conviction on the accused for offences punishable under Section 324 read with Section 34 of IPC for causing injuries on separate count.

2. Necessary relevant facts are stated hereunder to appreciate the case of the appellants and also to find out whether they are entitled to the relief as prayed for in this appeal.

3. It is the case of the prosecution that on 11.8.1999, at about 7:00 a.m., PW-3 Kempanna had gone to the house of the complainant on a bicycle to take milk for his children. When the complainant and PW-3 were coming back, accused nos. 1 to 10 (A-1 to A-10) attacked them with deadly weapons. It is alleged by the prosecution that A-1 assaulted PW-3 with iron blade of a plough on his head. A-3 assualted PW-3 on his back and thigh. A-4 assualted PW-3 on both his legs with iron blade of plough. A-2 assaulted PW- 1 with iron rod on his left shoulder. A-6, A-8 and A-10 kicked PW-1. A-5 and A-7 assaulted Bhagyamma- PW-6 with iron blade of plough and A-9 kicked her.

4. A complaint (Ex.-P1) was lodged on 11.8.1999 at 9:00 a.m. before the police. The Crime Case No. CC 728 of 2000 was registered by the Investigating Officer. The injured were taken to the hospital at around 2:00 p.m. PW-3 had sustained fracture of tibia, fibula and ankle. PW-6 had sustained simple injuries. PW-4 Jalaiah and PW-9- Shivanna are the eye witnesses to the incident.

5. The accused after their arrest, on their voluntary instance, M.O. 1 to M.O. 3 (clubs), M.O. 4 & M.O. 5 (iron blade of plough) and M.O. 6 (iron rod) were recovered. However, the said weapons had no incriminating marks like blood stains on them. The accused were charge-sheeted for committing offences under Sections 143, 147, 148, 323, 324, 326, 307, read with Section 114 of IPC. Thereafter, the learned Magistrate took cognizance of the alleged offences and registered CC No. 728 of 2000. The learned Magistrate complying with the provisions of Section 209 of CrPC, committed the case to the Sessions Court for trial since offences alleged under Section 307 are to be exclusively tried by that court. The accused persons pleaded not guilty and claimed trial. The prosecution in support of its case, got examined PW-1 to PW-10 and marked Ex. P-1 to P-9 and MOs. 1 to 6. The accused-appellants got marked Ex. D-1 and had also submitted their written reply while recording their statements under Section 313 of CrPC.

6. In the evidence, PW-1 has stated that A-2 had assaulted him with iron rod, A-5 held him, A-1 assaulted PW-3 with iron rod. He further stated that A-4 assaulted PW-3 on his legs with iron blade of plough. A-3, A-6 and A-7 were holding clubs and assaulting PW-3. A-1 instigated other accused persons to kill PW-1.

7. The evidence of PW-3 also discloses that A-4 assaulted him with iron blade of plough on his legs and hands. A-6, A-7 and A-5 assaulted him with clubs on his back, thigh and shoulder. The other accused persons kicked him.

8. PW-6 in her evidence, stated that she was assaulted by the accused persons but she could not name the persons. This witness was treated as hostile.

9. The trial court, on appreciation of the evidence on record has held that the prosecution has failed to prove any of the offences alleged against the accused persons. There is an element of reasonable doubt on many counts, which have already been explained. The benefit of doubt always goes to the accused. Accordingly, the trial court ordered the acquittal of accused-appellant nos. 1 to 10 under Section 235(1) of CrPC for offences punishable under Sections 143, 147, 148, 323, 324, 326, 307 read with Section 114 of IPC. Aggrieved by the same, the State of Karnataka appealed before