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Judgment
N. Ananda, J.—The state has preferred this appeal against the judgment of acquittal of respondents (accused Nos. 1 and 4) for offences punishable under Sections- 323, 324 read with Section- 34 of the Indian Penal Code. I have heard the learned State Public Prosecutor.
It is the case of the prosecution that accused No. 1 to 4 with a common intention to assault, quarreled with PW2 to PW3 and hit PW-2 on the head and back with a stick and assaulted on the left side of head of PW-3 with sickle thereby committed offences punishable under Section- 323, 324 read with Section- 34 of the Indian Penal Code.
PW-1, Dr. K.G. Srikala has given evidence in proof of injuries suffered by PW-2 and PW-3. However, the injured namely PW-2, Shankara son of Channaiah and PW-3, Shankara son of Channappa have given a complete go by to the case of the prosecution. PW-2 and PW-3 have consistently deposed that there was no quarrel and accused had not assaulted them. PW-2 and PW-1 were declared as hostile witnesses.
Even during the cross-examination of PW-2 and PW-3 nothing has been elicited by the prosecution to prove the charges against the accused. The learned Sessions Judge has rightly acquitted the accused. On reappreciation, I do not find any reasons to interfere with the impugned judgment. In the result, I pass the following:
ORDER
The appeal is dismissed.