C R KARIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of the judgment of the High Court in and by which the High Court has reversed the order of acquittal and convicted the appellant under Section 326 IPC and sentenced him to undergo imprisonment for a period of two years.

(2.) It is an unfortunate case where the appellant working as a teacher in Rani Chennamma School, Hospet had assaulted PW-2, a second standard student, with wooden stick for not wearing uniform shoes resulting in injury to the left eye of the said student. The injured PW-2 was taken to the hospital at Hospet and, thereafter, taken to the M.M. Joshi Hospital at Hubli where PW-2 had undergone surgery twice. In spite of the treatment, there was loss of eye-sight on the left eye of PW- On the complaint lodged by PW-1 who is father of PW-2, law was set in motion.

(3.) Upon consideration of the evidence adduced by the prosecution, the Trial Court acquitted the appellant holding that there are contradictions in the evidence of eye witnesses viz. PW-3 and PW-4. The Trial Court also observed that the injured child (PW-2) was tutored before he was examined in the witness box and therefore, the evidence of child witness (PW-2) can not form the basis for conviction. The Trial Court also held that eye witnesses viz. PW-3 and PW-4 are related to PW-1 and that there was delay of 25 days in lodging the FIR and on those findings, the trial Court acquitted the accused-appellant.