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

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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 land, committed

rioting and demolished the compound wall. The

complainant as well as his mother questioned the act of

the accused, for which, accused abused them in filthy

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language, insulted them intentionally and outraged the

modesty of women folk. In furtherance of the said act,

the accused assaulted the complainant, PW5 – Shridevi,

PW8 – Pavadayya and PW9 – Gurayya with clubs, sickle,

axe and also by means of their hands. In particular,

accused Nos.1 and 2 by means of axe inflicted grievous

hurt on the body of PW8, accused No.3 by means of club

inflicted simple hurt to PW9 and accused No.10 by

means of sickle inflicted simple hurt on the head of PW8,

accused Nos.4 and 5 inflicted hurt on PW9 with their

hands, accused Nos.10 and 11 by means of hands

inflicted hurt on PW8 and accused No.12 by means of his

hand inflicted bodily hurt on PW1 and further committed

criminal intimidation to them with threat of death.

Upon a complaint filed by PW1, case has been

registered in Crime No.100/2008 by Talikoti Police, after

investigation, they were charge-sheeted for the offences

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punishable under Sections 143, 147, 148, 323, 324, 326,

448, 354, 504, 506 read with Section 149 of IPC,

registered in CC No.108/2008 on the file of the Senior

Civil and JMFC, Muddebihal (hereinafter referred to as

'trial Court' for short).

Accused faced the trial. The trial Court by

judgment dated 08.08.2011 convicted the accused and

sentenced them as under:

"All the accused are liable to pay fine of

Rs.500/- each for the offences under Section 143,

147, 148, 448, 504 and 506 of IPC, in default

they have to undergo simple imprisonment for 01

month.

Further

accused

Nos.1

and

were

sentenced to undergo simple imprisonment for 2

years for the offence under Sections326 read with

149 of IPC and to pay fine of Rs.2,000/- each, in

default

they

have

to

undergo

simple

imprisonment for 06 months.

Accused Nos.3 and 10 were sentenced to

undergo simple imprisonment for 06 months for

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the offence under Section 324 read with 149 of

IPC and to pay fine of Rs.1,000/- each, in default

they have to undergo simple imprisonment for 01

month.

Accused Nos.10, 11 and 12 are sentenced

to undergo simple imprisonment for 06 months

for the offence under Section 323 of IPC, in

default to pay fine of Rs.500/- each, in default

they have to undergo simple imprisonment for 01

month.

Accused Nos.4, 5, 8 and 10 were sentenced

to undergo simple imprisonment for 1 year for the

offence punishable under Section 354 read with

149 of IPC and to pay fine of Rs.1,000/- each for

the said offence, in default they have to undergo

simple imprisonment for 01 month.

The sentences against accused No.10 shall

run concurrently."

Against the said judgment, accused preferred

an

appeal

before

first

appellate

Court

in

Crl.A.No.48/20