The State Of Karnataka vs Nagaraj on 30 November, 2010

"V " «Kola-r__ 1':)is._trict.A

.v'«V.[LByh$r:   Chancirashekara, Advocates}

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 30'"-i DAY or NOVEMBER,.&.2'0:1 -.

PRESENT __ %
THE HONBLE MR. JUSTICE  
rm: HONBLE MR. JUsr1i::_1§:- 
CRL.A.__NO.105.0Vi(3lF'2005h0 " 0 0
BETWEEN:- V  0  

The State of Karnataka.   .  0
By Gowribidantlrfioliee.  

H   .0 .   j' V Appellant
[By Sri G. Bhavani     

AND:~  """ .

Nagaraj V
S/0. Gangappa, 0 _ .
Aged about yof:ars.,_ '

H0sur_V1llage," _ .
Gowrtialdanur Taluk,

Respondent

 "'*I*h1s'<'i';+1._;§'. is filed U/s.378[.l) es: (3) of Cr.P.C. by the
State'««.P.P,.__"for the State praying that this Hon'ble Court may

 'be pleased to grant leave to file an appeal against the
~if'<__Juelgment...datecl 18.06.2005 passed by the Addl. S.J., P.O.,
 A  Kolar, in Crl.A.N0.56/2002 aequitting the
 T Respondent/Accused for the offence punishable U/s.326 of
  The Appel1antvState prays that the above order may be
 . .0 set aside.



[Q

This appeal coming for hearing on thislnlitiiay,
SREEDHAR RAO. J.. delivered the following: "   

JUDGMENT

The material facts of the prosecuttmn’ case .that..&

one Gopala M pws is the injured.°=on1’ff27′.3.’f19§§e.l’,a:V

6.30 p.m. the accused came tovllthe house of “was ”

putting fodder in the manger. I3’A\_J_VgA’t00k.._0bjection,f0ri§the visit
of the accused. The accused with stick
on his eyebrow. PW5 was”‘t’als’e’n 1996. It
was found Ex.P2 is the
wound of PW5 lodged
complaint Ex.P1 on 20.04.1996 at 07.45
p.m. PW2 is the mother of PW5, an

eyewitness to ethe”‘inciVdent. The accused is charged for

‘l V’ “com”mltti–ng offence sl326 of IPC. The trial Court convicted

offence punishable U/s.326 IPC and

sentenced. for 6 months and fine of Rs.5_.0OO/~. The

lnSessi011″s_ Judge in appeal has set aside the conviction and

A ~lacAccV;uit~t_.ed the accused. The State is In appeal.

On perusal of the material, it is found that the incident
dated 27.03.1996 at 6.30 pm. The injured is
hospital on 31.03.1996 at about 9.45 am.
belatedly lodged on 20.04.1996
inordinate delay in lodging the delayieilnott *
wound certificate at Ex.P2 {ééulli
danda} by other children. on at 9.30 The
date of incident in the the date of the
incident in the cornhplaint history of the
incident stat.e_rf,,’:,in is different.
The Sessiona the evidence. We

do not find’ any interfere with the order.
Accordingly, th.eflappea–l.A

»jf to Say:

JUDGE

Sd/3
JUDGE