The judgment and order of acquittal dated 3.11.2010 passed by the Principal Sessions Court, Tumkur, in S.C.No.115/2008 is called in question by the injured in the incident which gave rise to the matter on hand.

The sole accused/respondent No.2 was charged for the offences punishable under Sections 326 and 307 of IPC. The trial Court has acquitted the accused.

2. The case of the prosecution in brief is that; there was animosity in between the injured PW2 (Mr.Ramesh appellant) and accused since a long time; their houses are adjoining each other; even the agricultural land is adjoining each other, PW2 was tethering the cattle on the bund of the agricultural land of the accused and injured at about 9.30 a.m. on 3.11.2007; PW2 had tied his cattle with the help of ropes; the accused being annoyed by the said act cut the ropes tied to the cattle; PW2 took exception to it and there was verbal altercation between the two; the accused who was having sickle in his hand assaulted on the face of PW2, consequent upon which PW2 sustained severe bleeding injury on the nose and on the forehead; he was immediately taken to the Government hospital at Kunigal; the doctor PW7 gave first aid tre