JUDGMENT :

Aggrieved by the judgment dated 21.7.2017, in Criminal Case No.1128/2014, passed by the Addl. Civil Judge and JMFC, Kumta, the complainant State has preferred this appeal.

2. For the sake of convenience, the parties are referred to as per their status before the trial Court.

3. The case of the prosecution is that, the accused illegally entered into the house of the complainant’s father bearing property No.75A, situated at Kagal, Hubbanageri, at about 1.00 p.m. on 4.6.2014 and as there was a dispute between them, and also old hatredness, the accused abused the complainant’s father in a filthy language and hit him on his right arm with a wooden log resulting in fracture of a bone and he also gave life threat to the complainant’s father. Based on the said allegations, after investigation, a charge sheet has been filed against the accused alleging commission of offences under sections 326, 448, 504, 506 of IPC.

4. The prosecution to prove its case examined six witnesses and got marked Exs. P1 to P8(a). M.O.1 also has been marked. The accused has not let in any evidence nor got marked any documents. After recording the evidence, 313 statement has been recorded. Based on the evide