RAGHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants were convicted by the learned Prl. District and Sessions Judge, Chitradurga, (hereinafter for brevity referred to as 'trial Court') in S.C. No. 142/2012, by the judgment of conviction and order on sentence dated 26.02.2014, for the offence punishable under Section 324 read with Section 34 of Indian Penal Code, 1860 (hereinafter for brevity referred to as 'IPC').

(2.) The summary of the case of the prosecution is that, based on a complaint dated 17.1.2012 said to have been given by the alleged injured Madan, the respondent-Police registered a crime against the present appellants for the offences punishable under Sections 504, 307 read with Section 34 of IPC in their Station Crime No. 12/2012. The summary of the complaint was that, on the previous day i.e., on 16.1.2012, when the injured is said to have been talking along with his two friends by name Ravi and Chandra Kumar, near Surya Hotel in Hiriyur town, within the limits of complainant-Police Station, all the present appellants/accused coming in an autorickshaw, all of a sudden attacked the complainant-Madan and assaulted him with stone, causing injuries to him and also abused him in filthy language and attempted to cause his murder and thereby have committed the alleged offence.

(3.) Since the accused did not plead guilty, the trial was held, wherein the prosecution in order to prove the alleged guilt against the accused, examined ten witnesses from PW. 1 to PW-10 and got marked documents from Exs. P-1 to P-10(b) and material objects at MO-1 and MO-2 were marked. From the accused side, neither any witness was examined nor any documents were marked as exhibits.