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