1.

This appeal is filed by the State being aggrieved by

the judgment and order of acquittal dated 21.01.2015 passed

in S.C No.156/2013 on the file of the Principal District and

Sessions Judge, Tumakuru.

2.

The rank of the parties in the Trial Court henceforth

will be considered accordingly for convenience.

Brief facts:

3.

The case of the prosecution is that on 19.06.2011,

the KSRTC bus bearing its registration No.KA-06-F-733 was

proceeding towards Hubli from Bengaluru side, at about 2.00

p.m., when the bus has reached near old NH-4 road, the lorry

bearing its registration No.KA-13-9988 came from the opposite

direction and stopped across the bus. When it was questioned

by the driver of the KSRTC bus, the lorry driver got down from

his lorry and started abusing in a filthy language. In the

meantime, another person who was in the lorry came and

assaulted with the hands and club on the head of the driver of

the KSRTC, resultantly, the driver of the KSRTC bus sustained

injuries on head. In the meantime, PW.3 and some other

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passengers have intervened and pacified the matter. After the

incident, the complainant was taken to the Government

Hospital, Tumakuru in an ambulance and while taking

treatment, the A.S.I of the jurisdictional police visited the

hospital and recorded the statement of the complainant.

Following the statement of the complainant, FIR was registered

in Crime No.196/2011 for the offences under Sections 341,

504, 332 r/w 34 of IPC. After conducting the investigation, the

jurisdictional police have submitted the charge sheet for the

offence under Sections 341, 504, 323, 333 r/w 34 of IPC.

4.

To

prove

the

case

of

the

prosecution,

the

prosecution examined 6 witnesses as PWs.1 to 6 and got

marked 5 documents as Exs.P1 to P5 and also identified

material object as M.O.1 – club. The Trial Court after

appreciating the oral and documentary evidence on record,

convicted accused No.1 for the offence punishable under

Section 324 and accused No.2 for the offence punishable under

Section 323 of IPC, further, both the accused Nos.1 and 2 were

convicted for the offence punishable under Sections 504 r/w 34

of IPC . However, recorded the acquittal for the offences

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punishable under Sections 341 and 333 r/w 34 of IPC. Being

aggrieved by the same, the State has preferred this appeal.

5.

Heard

Sri.Rahul

Rai.K,

learned

High

Court

Government Pleader for the appellant-State and Sri.Javeed.S,

learned Amicus Curiae for the respondent No.1.

6.

It is the submission of the learned High Court

Government Pleader for the appellant-State that the Trial Court

ignored in considering the evidence of PWs.2 and 3 and

recorded the acquittal in respect of offences under Sections 341

and 333 of IPC is erroneous and the same is required to be set

aside.

7.

It is further submitted that the evidence of PWs.2

and 3 are the material witnesses to the incident. It is an

admitted fact that PW.2 was working as driver of KSRTC bus

bearing No.KA.06.F.733. He was a Government servant. In his

evidence, he has stated that when he was proceeding towards

Hubli in KSRTC bus, a lorry took turn towards weigh bridge,

therefore, he took the bus towards his right. In the meantime,

another lorry of which the accused was driving came in a

opposite direction obstructed the bus and started quarreling

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with PW.2. PW.3 who was working as conductor of the said bus

has supported the case of the prosecution. In spite of lengthy

cross-examination, both PWs.1 and 2 have supported the case

of the prosecution in respect of obstructing the public servant

in discharging their duty and also wrongful restraint.

8.

It is further submitted that evidence of PW.1 and

wound certificate Ex.P1 clearly indicate that PW.2 sustained

grievous injury. In spite of grievous injury having been

sustained, the Trial Court ignored in considering the said aspect

and recorded the acquittal in respect of offence under section

333 of IPC which requires re-considera