AVINASH SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was convicted by the IInd Additional CJM, Mangalore for the offence punishable u/s. 326 of the Indian Penal Code. The allegation was that on 25.5.1993 at about 11.45 p.m. he assaulted PW 1 Dr. Ishwaran by using sword. The appellant was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5000.00, in default, to undergo SI for three months. The conviction and sentence was challenged by the appellant before the Sessions Judge, Dakshina Kannada, Mangalore and the Sessions Court confirmed the conviction and sentence. Aggrieved by the same, the appellant filed revision before the High Court and the same was dismissed. The conviction and sentence of the appellant u/s. 326 of the Indian Penal Code is challenged before us.

(3.) We heard learned counsel for the appellant and counsel for the respondents.