H.D. MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is fled by the accused challenging the judgment, date 30.11.2004 passed by the II Addl. District and Sessions Judge, Tumkur in S.C. No. 42/2003 convicting him for the offence punishable under Section 333 of IPC and sentencing him to R.I. for three years and to pay a fine of L 500/- with default clause.

(2.) The case of the prosecution is that on 1.7.1996 at about 8 p.m. at Mandipct, Tumkur when the complainant Shivanna, a constable of Tumkur Town Police Station was performing his duty as a traffic police by wearing uniform, accused is alleged is to have driven his scooter bearing No. KA 06 J 2883 by violating the traffic rules and when the complainant stopped the vehicle, accused alleged is to have caused grievous injuries to the complainant, who is a public servant, thereby he is alleged to have committed an offence punishable under Section 333 of IPC. The accused was originally charged for offence under Section 332 IPC and the charge was framed on 20.8.1997 for the said offence along with Section 326 IPC. A revised charge was framed on 5.7.2004 for the aforesaid two offences and on 29.11.2004 after the conclusion of evidence and before passing Judgment, an altered charge for offence under Section 333 IPC was framed against the accused. In order to prove the case the prosecution has examined in all 10 witnesses and get marked Exhibits P 1 to P 10 and produced M.Os. 1 to 3. The defence of the accused was ore of total denial. However, by judgment impugned in this appeal, the trial Court convicted the accused and sentenced as herein before mentioned. The convicted accused has preferred this appeal.

(3.) Heard Sri A.H. Bhagwan, learned counsel for the appellant and Sri Vijayakumar Majage, learned HCGP.