In this appeal, the defacto complainant has

challenged the judgment and order of acquittal dated

29.12.2012 passed in Criminal Appeal No.48/2011 on the

file of the Principal District and Sessions Judge, Bijapur

(Hereinafter referred to 'first appellate Court' for short).

For the sake of convenience, the parties will

be referred to as per their status before the trial Court.

Briefly stated facts are that, the complainant

is a resident of Hiroor Village, Muddebihal Taluk of

4

Bijapur District. There is a vacant land situated in front

of the house of the complainant – PW1 - Sangayya

belonging to his mother. In connection with this land,

there is a civil dispute between them and the accused

since two years. The mother of the complainant had put

up a compound wall to the disputed vacant land. In

connection with this compound, dispute arose as the

accused claiming the said property.

On 21.07.2008 at about 8:00 a.m., at Hiroor

Village, the accused formed an unlawful assembly with

an intention to demolish the compound wall put up by

the mother of the complainant, gathered near the place

of the incident armed with weapons like clubs, sickle and

axe, committed trespass into the said la