JAFFAR Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by the appellant accused directed against the judgment of conviction and order of sentence passed by the Fast Track Court III at Hospet in Sessions Case No.127/2009 dated 29.01.2011.

(2.) I have heard the learned counsel for the appellant and the learned Additional S.P.P. for the respondent State.

(3.) The genesis of the case of the prosecution are that the complainant was working as a Teacher in High School. On 08.08.2009 in pursuance of the instructions given by the Head Master and one Bheema Naik, he was proceeding on his motorcycle to handover the cheque pertaining to his School to CAEO Office at Kenchammanahalli. When he came near Alur cross, his motorcycle got punctured. He was proceeding to garage to get the puncture repaired. It was at about 12:45 p.m. When he was going near the garage, accused came across on his bike, abused him in filthy language, as to why he has advised him and shouted that he is going to kill him and immediately thereafter, assaulted with iron rod on his head, back and caused bleeding injuries. Though complainant tried to escape from the said place, accused continued his assault with rod on his left shoulder, left thigh, right wrist. Complainant made a hue and cry. By hearing the same, one Nagaraj and Sharanappa came from nearby hotel and by noticing the same, he left the place. It is further contended that the accused used to tease girls and also used to give threat. Since complainant is a Teacher, he advised the accused and at that time also he shouted. Due to such animosity, accused assaulted the complainant with iron rod with an intention to take away the life of the complainant. Immediately he was taken to the Government Hospital and there, a statement of the complainant was recorded and a case was registered in Crime No.88/2009. Thereafter, after the investigation, the charge sheet was filed.