An unexplained delay in lodging an FIR, especially in cases of prior enmity, combined with the lack of independent corroboration for testimony by interested witnesses and contradictory medical evidence, entitles the accused to an acquittal based on the benefit of doubt.

THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 25.05.2018 PASSED BY THE I ADDITIONAL SESSIONS JUDGE, MYSURU IN S.C.NO.291/2014 - CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCE P/U/S 307 AND 326 OF IPC AND APPELLANT/ACCUSED NO.2 FOR THE OFFENCE P/U/S 324 OF IPC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 16.12.2025 AND COMING ON FOR "PRONOUNCEMENT OF JUDGMENT" THIS DAY, THE COURT, DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

CAV JUDGMENT

1. The appellants have preferred this appeal against the judgment of conviction and order of sentence dated 25th May, 2018 passed in SC No.291 of 2014 by the I Additional Sessions Judge, Mysuru (for short "the trial Court").

2. For the sake of convenience, parties herein are referred to as per their status and rank before the trial Court.

3. The prosecution case, in brief, is that P.W.1 and P.W.2, who are brothers, are cousins of Accused No.1 and Accused No.2. Their residential houses as well as their agricultural lands are situated adjacent to each other. It is alleged that for about two years prior to the incident there existed a dispute regarding the boundary of the agricultural lands between the parties. According to the prosecution, Accused No.1 and Accused No.2 had encroached upon the land belonging to P.W.1 and P.W.2 by breaking the ridge (locally called “Badu” in Kannada) separating the fields, which resulted in frequent quarrels between them.

4. It is further the case of the prosecution that on 03.01.2014, in the morning hours, Accused No.1 again broke the ridge between the fields using a tractor. In the background of this incident, at about 5.30 p.m. on the same day, P.W.2 went near the house of the accused where Accused No.1 and Accused No.2 were sitting on the platform (Jagali) in front of their house and questioned them regarding the breaking of the ridge. At that time, Accused No.1 allegedly abused P.W.2 in vulgar language. When P.W.2 objected to the abusive language used by Accused No.1, the latter went inside the house, brought a machete (M.O.1) and assaulted P.W.2 on the head, causing serious injuries.

5. The prosecution further alleges that upon witnessing the assault on his elder brother, P.W.1 intervened in order to rescue him. At that time, Accused No.2 abused P.W.1 stating that he had come to support his brother, caught hold of P.W.1 and assaulted him with a long machete (M.O.2), thereby causing an injury on the right side of his neck. It is stated that by that time P.W.3 and P.W.4 arrived at the spot, intervened in the matter, and snatched the weapons from the accused.

Thereafter, arrangements were made to shift the injured persons to the hospital.

6. Accordingly, P.W.1 and P.W.2 were taken on a motorbike to the Government Hospital at Nanjangud where they were given first aid treatment and were subsequently referred to K.R. Hospital for further treatment. On the next day, i.e., on 04.01.2014, P.W.8, a Police Constable, visited K.R. Hospital and recorded the complaint of P.W.1 at about 5.00 p.m., which was marked as Ex.P1. Based on the said complaint, a case was registered at 6.15 p.m. in Crime No.09/2014 as per the FIR marked at Ex.P18.During the course of investigation, Accused No.1 was apprehended by P.W.10 on 05.01.2014 and produced before the police