Point of law : It is a quality and not quantity which determines adequacy of evidence as has been provided under Section 134 of Indian Evidence Act 1872-

JUDGMENT :

This appeal is directed against judgment of acquittal rendered by trial Court in SC-No-76/2015 dated 30-03-2016 acquitting respondent/accused for offences punishable under Sections 504 307 324 114 506(B) read with Section 34 of Indian Penal Code 1860 (for short ‘IPC’)- State has filed this appeal seeking to set aside judgment of acquittal rendered by trial Court and consequently to convict accused for aforesaid offences considering grounds urged in appeal memo-

2- Court have heard arguments advanced by learned High Court Government Pleader for State and so also Sri C-R-Gopalaswamy learned counsel for respondents/ accused who are present before Court physically- Perused impugned judgment of acquittal rendered by trial Court in SC-No-76/2015-

3- Factual matrix of this appeal is as under:

It transpires from case of prosecution that on 19-07-2014 at about 6-30 p-m- when CW-1-Venkatesha P-R- who is alleged to be an injured came infront of shop of Naganna to bring some workers for purpose of attending his work in meanwhile accused Nos-1 to 3 allegedly picked up a quarrel with injured Venkatesha by abusing him in a filthy language with an intention to take away his life- Therefore accused No-2 alleged to hit CW-1-Venkatesha with a means of stick on his back left and right shoulder accused No-3 alleged to hit CW-1-Venkatesha with means of a chopper on his head and accused No-1 alleged to hit CW-1-injured Venkatesha with a means of a stick on his left hand and as a result of same it caused grievous injuries to him- During course of incident accused No-4 who alleged to instigate accused Nos-1 to 3 to take away life of CW-1-Venkatesha- In pursuance of act of accused on filing of a complaint on 20-07-2014 a criminal law was set into motion by registering case in Crime No-112/2014 for offences which are reflected in FIR- Subsequent to registration of FIR Investigating Officer has taken up case for investigation and investigation has been thoroughly done and has laid chargesheet against accused before Court of having jurisdiction-

4- Subsequent to laying of chargesheet against accused by Investigating Agency before Committal Court case has been committed by Committal Court by passing an order under Section 209 of Code of Criminal Procedure 1973 (for short ‘Cr-PC’) by following procedure under Sections 207 and 208 of Cr-PC- Accordingly case has been committed to Court of Sessions for trial- Subsequent to committing of case to trial Court trial Court had framed charges for offences punishable under Sections 307 324 504 506(B) and 114 read with Section 34 of IPC 1860 whereby accused have been declined charges framed against them but claims have been tried- Accordingly plea of accused persons has been recorded separately-

5- Subsequent to framing of charges by trial Court prosecution has let in evidence by subjecting to examine witnesses as per PWs-1 to 14 and got marked documents as per Exs-P1 to P22 and got marked material objections as per M-Os-1 to 4- On closure of evidence on part of prosecution accused persons were examined as contemplated under Section 313 of Cr-PC for enabling incriminating evidence whereby accused have declined truth of evidence of prosecution adduced so far- After recording of incriminating statements under Section 313 of Cr-PC accused did not come forward to adduce any evidence on side of defence as contemplated under Section 233 of Cr-PC- Subsequent to closure of evidence trial Court has heard arguments advanced by prosecution and so also counsel on side of defence and so also evaluating evidence supported with documents as per Exs-P1 to P22 arrived at a conclusion that prosecution did not establish guilt against accused beyond all reasonable doubt and consequently rendered judgment of acquittal by assigning reasons-

6- judgment of acquittal has been challenged by State under this appeal by urging various grounds-

7- Learned High Court Government