ARUN @ PINTU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant as the sole accused was tried and later convicted by the LI Additional City Civil and Sessions Judge at Bangalore City (hereinafter referred to as 'Trial Court' for brevity), in Sessions Case No.73/2013, by its judgment of conviction and order on sentence dated 04-01-2014, for the offences punishable under Sections 427 and 326 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for brevity) and was sentenced accordingly. It is against 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 before the Trial Court is that, PW-2 - Somashekara the complianant and the victim in this matter was running a provision store in the name and style of 'M/s. Sneha Provision Store' at Gangamma Circle, Hosapalya Main Bandepalya, Bengaluru. On 24-10-2012, at about 7:15 p.m., the accused went to the said shop of PW-2 - Somashekara and all of a sudden, destroyed and damaged the bottles and the contents of the bottles including the eatables which were stored in the bottles in the shop of PW-2 and also using a razor which he was possessing inflicted several injuries upon PW-2 - Somashekhara.

(3.) Since the accused pleaded not guilty, in order to prove the charges leveled against the accused, the prosecution examined in all nine witnesses from PW-1 to PW-9 and got marked documents from Exhibits P1 to P5(a). Material Objects from MO-1 to MO-5 were marked from the prosecution side Neither any witnesses were examined nor any documents were marked as exhibits from the side of the accused.