SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the judgment of conviction and sentence dated 31.01.2011 passed in S.C.No.128/2009, on the file of the Fast Track Court No.X, Bangalore City.

(2.) The case of the prosecution is that on 05.10.2008 at about 1.00 p.m., in front of the pork shop situated at 4th Cross, Muneshwara Block, within the limits of Vyalikaval Police Station, the accused picked up quarrel with P.W.2 Manjunath. The accused thereafter went and brought a chopper from the pork shop and with an intention to take away the life of P.W.2, assaulted on the left side of the stomach and caused grievous injuries. The police registered the case and investigated the matter and filed the charge-sheet against the accused for the offence punishable under Section 307 of IPC. The accused was secured before the Trial Court and denied the charges leveled against him and claimed trial.

(3.) The prosecution in order to prove the case, examined P.Ws.1 to 18 and got marked the documents at Exs.P.1 and 17. After the evidence of the prosecution, the accused was examined under Section 313 of Cr.P.C. and the accused did not choose to lead any defence evidence. The Trial Judge after hearing the arguments and considering both oral and documentary evidence placed on record convicted the accused for the offence punishable under Section 307 of IPC and sentenced him to undergo imprisonment for a period of five years and directed to pay a fine of Rs.10,000/-.