RAVIKUMAR S/O ARMUGAM Vs. STATE

JUDGEMENT

(1.) This petition is directed against the judgment rendered by the Prl.Sessions Judge, Chikmagalur in Crl.A.No.190/2013 dated 06.02.2014 dismissing the appeal and confirming the judgment of conviction and order of sentence rendered by the Senior Civil Judge and Prl.JMFC, Tarikere in C.C.No.332/2010 dated 22.4.2013 convicting the accused for the offences punishable under Section 341, 324 and 326 of IPC.

(2.) For the offence punishable under Section 341 of IPC, the accused was sentenced to undergo RI for a period of one month and to pay a fine of Rs.500/- and in default to pay the fine amount, to undergo, SI for a period of eight days. Further, for the offence punishable under Section 324 of IPC, the accused was sentenced to undergo RI for a period of six months and to pay a fine of Rs.2,000/- and in default to pay the fine amount, to undergo, SI for a period of one month. For the offence punishable under Section 326 of IPC, the accused was sentenced to undergo RI for a period of two years and to pay a fine of Rs.8,500/- and in default to pay the fine amount, to undergo, SI for a period of one month. All the sentences were ordered to run consecutively. After recovery of the fine amount, the same was ordered to be paid to the victim complainant PW-1 - Manjunatha as compensation under Section 357(B) of Cr.PC.

(3.) The brief facts of the case of the prosecution is that on 10.03.2010 at about 5.00 p.m. near the sandy ground of Bhavikere village, accused wrongfully restrained PW.1 - Manjunatha, who was aged about 15 years by obstructing him from moving on the road and voluntarily assaulted him with a handle of spade on back of his head, right hand and right leg and voluntarily caused simple and grievous injuries. Immediately thereafter, the injured was shifted to Government Hospital, Tarikere. While he was under treatment on 11.03.2010 at about 1.00 p.m. the Lakkavalli police visited the Government Hospital, Tarikere and received Ex.P1 - the complaint of the injured - Manjunatha and a case came to be registered in Crime No.17/2010 for the offence punishable under Section 341 and 324 of IPC. Subsequent to registration of crime, the IO took up the case for investigation, recorded statement of witnesses, secured injury certificate of complainant and laid the charge sheet against the accused for the offence punishable under Sections 341, 324 and 326 of IPC.