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2015 Supreme(Kar) 1132

MOHAN M.SHANTANAGOUDAR, R.B.BUDHIAL
Narayanaswamy – Appellant
Versus
Narsimhappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pulakeshi, Adv. for K.N. Subba Reddy, Adv. for Vivek S. Reddy, Sr. Counsel
For the Respondents: M. Prashanth, appointed as Amicus Curiae

JUDGMENT :

Mohan M. Shantana Goudar, J.

1. The judgment and order dated 31.01.2011 passed by the Ad hoc Sessions Judge, Fast Track Court-II, Chintamani in S.C. No. 83/2010 is called in question in this appeal by the victim/injured.

By the impugned judgment, the Trial Court has acquitted the accused of the offences punishable under Sections 323, 504, 307 read with Section 34 of IPC.

2. Case of the prosecution in brief is that the wall adjoining the house of the victim (P.W.2) had fallen; the house of the victim and the house of the accused are adjoining each other; there used to be frequent quarrel between the women folks in the matter of falling of the wall and cleaning the area; Manjunath (accused No. 3) is the son of Narasimhappa (accused No. 1), Narasappa (accused No. 2) is the relative of other accused; there was dispute between both the families with regard to agricultural land also. On the date of incident i.e., on 23.10.2009 at about 8.00 a.m., Narayanaswami (P.W.2/victim) went to the house of Muniyappa and enquired about the galata between the women folk; at that point of time, accused No. 1 quarreled with P.W.2; other two accused also started quarrelling with P.W.2; accused No































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