HALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted. Heard the learned Counsel.

(2.) The appellants (accused 1 to 4) were convicted by JMFC, Raibag, for offences punishable under Section 324 read with Section 34 IPC, and under Section 504 read with Section 34 IPC and sentenced to undergo simple imprisonment for three months and one month respectively, to run concurrently. The appeal and subsequent revision by the accused were dismissed by the Sessions Judge, Gokak, and by the High Court.

(3.) Accused 2 is the son of accused No. 1. Accused 3 is the wife of accused No. 1 and accused No. 4 is the wife of accused No. 2. The complainant (PW1) and Accused No. 1 are cousins. There was pre- existing enmity between the two families. According to the complainant, on 17.9.2003, when the complainant, his wife (PW2) and his brothers (PWs.3 and 6) were removing some agricultural implements kept by the accused in their land, the accused came to the spot armed with clubs, and abused and assaulted them, as a result of which the complainant, his wife and his two brothers suffered bleeding injuries. The incident, as narrated, was established by the evidence of injured eye-witnesses, namely, PWs.1, 2, 3 and 6. All the independent eye-witnesses (PWs.4, 7 and 8) however turned hostile. Having appreciated the evidence of the injured eye- witnesses and the documentary evidence, the trial court held that the accused guilty and, consequently, convicted and sentenced them. This has been affirmed in appeal and revision and we find no ground to interfere with the conviction.