K.S. MUDAGAL J.

Aggrieved by the Judgment and Order dated 30.07.2012 passed by the learned Fast Track Court Judge, Chikmagalur, in Crl.A. No.244/2010, the State has preferred this appeal.

2. By the impugned Judgment and Order, the Fast Track Court set aside the order of conviction and sentence passed by the learned Civil Judge and JMFC., N.R. Pura in C.C. No.193/2010 on 22/30.11.2010.

3. The respondent herein is the accused in C.C. No.193/2010. For the purpose of convenience, he will be referred to hereafter as ‘accused’.

4. The brief facts of the case are as follows:

N.R. Pura Police charge-sheeted the accused in Crime No.12/2010 for the offences punishable under Sections 324, 326, 504 and 506 of I.P.C. on the basis of the complaint of P.W.1Savithri as at Ex.P1. The gist of the said complaint is as follows:

That on 30.01.2010 at 8.00 p.m. when herself [P.W.1], her husband Suresha [P.W.2] and their farm servant Kum. Srimathi [P.W.3] were proceeding near the house of the accused in their village, for the purpose of dropping P.W.3 to her house, the accused due to some previous ill-will, came from the hind side and assaulted her husband with the club on the head, back and left han