Point of Law: Testimony of relative witnesses cannot be disbelieved on ground of relationship.

JUDGMENT :

T.G.SHIVASHANKARE GOWDA, J.

The State has challenged the Judgment dated 31.08.2019 passed in Criminal Appeal No.184/2013 by the learned I Additional District and Sessions Judge, U.K. Karwar sitting at Sirsi itinerary at Yellapur (for short, ‘the appellate Court’) acquitting the accused No.1/respondent of the offences punishable under Sections 341, 324, 326 and 504 read with Section 34 of IPC.

2. For the sake of convenience, the parties shall be referred to as per their status before the Trial Court.

3. The case pleaded by the prosecution is that, P.W.3-Yallari Omanna Ghadi is a resident of Khamadolli village of Haliyal Taluka. He has constructed a house in a land jointly owned by him and his brothers. The accused No.1 herein is the grandson of brother of P.W.3. On 18.03.2010 at about 8.30 a.m., the accused No.1 along with accused No.2-Ramchandra dug up a pit for construction of septic tank in the land in possession of P.W.3. He requested the accused not to dig the soak pit. The accused did not oblige, objected, took up a quarrel against him. With a common intention to assault him, accused Nos.1 and 2 have wrongly restrained him, abused him in filthy language and insulted him. Accused No.1 by means of club assaulted on P.W.3 and fractured his left hand. P.W.1-Nakalu Ghadi, the brother of P.W.3 came to his rescue, but against him also by means of that club accused No.1 tried to assault on his head, but no injury was inflicted on his left hand. P.W.6-Smt Mangala Ghadi, P.W.4-Narayan Kammar and P.W.5-Mavalu Dharwadkar have came to rescue of P.W.1 and 2 and pacified the quarrel. Later P.W.1 and 3 were taken to the Government Hospital at Haliyal, where they were taken treatment and thereafter P.W.3 took treatment at Hubballi for the fracture. P.W.1 set the law into motion by filing the written complaint to Haliyal Police in Crime No.50/2010. P.W.7-A.P.Mujawar, the PSI has investigated the case and filed the charge sheet. The accused No.1 was arrested and brought before the Court on 22.03.2010, he was remanded to judicial custody, on 09.04.2010 he was released on bail.

4. Learned Civil Judge and JMFC, Haliyal (for short, ‘the ‘Trial Court’) on receipt of charge sheet, taken cognizance of the offences, registered the case in Criminal Case No.176/2010. Accused Nos.1 and 2 stood for trial and pleaded not guilty of the charges under Sections 341, 324, 326 and 504 read with Section 34 of IPC. The prosecution placed the evidence of P.W.1 to 9 and marked Ex.P.1 to 8 and identified M.O.1. After examination of accused under Section 313 of Cr.P.C., by the Judgment dated 16.12.2013 the Trial court has convicted the accused No.1 and acquitted the accused No.2. The accused No.1 was sentenced to pay fine of Rs.500/-, in default, he shall undergo simple imprisonment for one month for the offence punishable under Section 341 of IPC, he was sentenced to undergo simple imprisonment for one year for the offence punishable under Section 324 of IPC. Further, he was sentenced to undergo simple imprisonment for two years and to pay fine of Rs.5,000/-, in default, to undergo simple imprisonment for six months for the offence punishable under Section 326 of IPC and he was further sentenced to pay fine of Rs.2,000/-, in default, he shall undergo simple imprisonment for six months for the offence punishable under Section 504 of IPC.

5. Aggrieved by the order of conviction, the accused No.1 has preferred the appeal before the appellate Court in Criminal Appeal No.184/2013. Before the appellate Court, the matter was heard and appellate Court by the impugned Judgment dated 31.08.2019 allowed the appeal and set aside the conviction passed by the Trial Court in Criminal Case No.176/2010 dated 16.12.2013 and acquitted the accused No.1 from the charges. Aggrieved by the judgment of acquittal, the State has filed this appeal on various grounds.

6. We have heard the arguments of Sri V.M.Banakar, the learned Additional S.P.P. and Sri Shivasai M.Patil, learned counse