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1. Police Inspector of Chandra Layout Police Station, filed charge sheet against accused No.1 to 3 alleging that they have committed the offences punishable U/Secs.307, 504 r/w Sec.34 of IPC.

2. It is the case of the prosecution that, complainant injured gave statement in the hospital before the A.S.I. as per Ex.P.1 stating that, he is residing in the address shown in the complaint along with his sister, her husband by doing electrical work. One year back to the date of filing of complainant and his friend were playing cricket at Nagarbhavi under name of running team. At that time one Cheeki formed Cheeki team. In cheeki cricket teem accused no.1 was also playing. There was a dispute between the complainant and accused no.1 in playing cricket. As such complainant and accused no.1 bet each other. Accused No.1 threatened the complainant to take his life. Keeping in view of the earlier enmity all the accused persons on 13.10.2011 at about 6.45 p.m. came near Vijaya Bank, Nagarbhavi Road along with his friend Praveen, accused persons picked up quarrel with the complainant and his friends, used vulgar language and accused No.1 threatened the complainant that he will not leave him today. With an intention to commit the murder of complainant accused No.1 assaulted the complainant on his head with bat and also on other parts of the body. Accused No.2 assaulted complainant with bat and hands on his legs. Accordingly complainant sustained grievous injuries and admitted to the hospital where Chandra Layout police came and recorded the statement of complainant as per Ex.P.1.

Point No.2 : K£ÀÄ DzÉñÀ ?

12. My findings on the above points are as under:

Point No.1 : In the negative.

Point No.2 : As per final order for the following:

REASONS

13. Point Nos.1 & 2 :- In order to avoid repetition of facts, I proceed to discuss point nos.1 & 2 together in a single discussion.

14. It is the specific case of the prosecution that, due to the earlier enmity between accused persons and complainant Anil Kumar one year back at the time of playing cricket, keeping in view of the said enmity on 13.10.2011 at 6.45 p.m. when complainant and his friend Praveen Kumar were in front of the Vijaya Bank, Nagarbhavi Main Road, accused persons picked up quarrel with the complainant and his friend Praveen. Accused persons used vulgar language against the complainant and threatened that they will not leave him. Further accused No.1 with an intention to commit the murder of complainant assaulted the complainant with cricket bat on his head which resulted in bleeding injuries and accused No.2 and 3 caught the complainant and assaulted with hands and legs. Thereby committed the offences alleged in the charge sheet.

18. Ex.P.1 is complaint, Ex.P.2 is statement of PW.2, P.3 is report of PW.3, Ex.P.4 is wound certificate, Ex.P.5 is seizure mahazar, Ex.P.6 is F.I.R., Ex.P.7 is spot mahazar and Ex.P.8 is voluntary statement of accused No.1. MO.1 is cricket bat.

19. Complainant is examined before the Court as PW.1. He turned hostile and not supported the case of the prosecution. He clearly stated before the Court that he has no idea about accused No.1. He further stated that, when he came near Vijaya Bank along with PW.2, at that time accused No.3 came and assaulted him with the bat. Accordingly he sustained grievous injury. He was admitted to Sharavathy hospital and then shifted to NIMHANS Hospital. Complaint is marked as Ex.P.1. Even though complainant is treated hostile and cross examined by the prosecution absolutely nothing is brought before the Court to show that accused No.1 assaulted complainant and his friend Praveen with bat as alleged in the charge sheet. Another injured Praveen Kumar, eye witnesses Hemanth and Appi are not examined by the prosecution before the Court inspite of several NBW issued and sufficient time granted. Hence doubt arises in the mind of the Court about the case of the prosecution.