KUMARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant was the sole accused in Sessions Case No.132/2013 in the Court of the I Additional Sessions Judge at Mysore (hereinafter for brevity referred to as 'Trial Court'), who, by the judgment of the said Trial Court dated 02-04-2014 was convicted for the offence punishable under Section 324 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as 'IPC') and was sentenced accordingly. Challenging the said judgment of conviction and order on sentence, the appellant/accused has preferred this appeal.

(2.) The summary of the case of the prosecution is that, on 15-01-2012 at about 8:30 a.m., when PW-1 - Smt. Pushpa and PW-3 - Smt. Saraswathi were proceeding in front of the house of the accused talking inter se that, some body had cut the beetle leaves grown by them in their land and have caused damage to their standing crop, the accused, who over heard it, came out of his house and telling that it was he who had cut the same and challenging them to do whatever they wanted to do against him, assaulted both PW-1 and PW-3 with Machete and club and caused injuries to them and attempted to kill PW-3 - Saraswathi. He also tore the blouse worn by PW-1 - Smt. Pushpa and thus has committed the offences punishable under Sections 307, 324 and 354 of IPC.

(3.) The charges for the alleged offences were framed against the accused, who pleaded not guilty. As such, in order to prove the alleged guilt against the accused, the prosecution examined in all, ten witnesses from PW-1 to PW-10 and got marked documents from exhibits P-1 to P-12 and five Material Objects from MO-1 to MO-5. Though the accused did not examine any witness from his side, however, a portion of the statement of PW-5 was marked as Ex.D-1 in the cross-examination of the said witness.