HABEEB KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are accused Nos. 1 and 3 respectively in C.C. No. 71 of 1979 on the file of the J.M.F.C. Bagepalli. They were tried for an offence punishable under Section 324, I.P.C. along with accused No. 2 on the allegation that on 8-3-1977 at about 2 p.m. when P.W. 1 objected to their plucking lime fruits from the tree in the backyard of his house at Pethapalya, they assaulted him with a club and wooden reaper respectively and caused him simple hurt.

(2.) The defence of the accused was one of total denial.

(3.) Accepting the prosecution evidence, the learned Magistrate convicted them under Section 324, I.P.C. and sentenced them to pay a fine of Rs. 100/- and in default to suffer simple imprisonment for 15 days. Their revision against the said conviction and sentence was dismissed by the learned Sessions Judge, Kolar. Hence, they have filed this petition under Section 482, Cr.P.C. against the said conviction and sentence.