SRINAVASA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal has been filed challenging the judgment dated 11.11.2005 passed by the Fast Track Court IV, Mysore in S.C. No.288/03 convicting the appellant of the offence under Sec. 323, IPC and sentencing him to undergo simple imprisonment for one month and to pay a fine of Rs.500/- in default to undergo simple imprisonment for 15 days.

(2.) THE case of the prosecution is that on 25.12.97 at about 4 p.m., at H.D. Kote taluk near the quarters of Taraka Irrigation department, the accused voluntarily caused hurt to complainant Ramachandranair by assaulting him with an iron rod which is a deadly weapon and thereby he is alleged to have committed an offence under Sec. 324, IPC.

(3.) THE learned counsel for the appellant submits that the accused in this case has sustained serious injuries and the said injuries are proved by examining PW-4 Dr. K.R. Shivaprasad. THE complaint and the evidence of the injured in this case does not indicate as to how the accused has sustained as many as eight injuries. THE evidence of another alleged eye-witness viz., PW-3 also does not indicate as to how the accused has sustained injuries. Hence, the prosecution has suppressed the real facts and the genesis of the incident. Under the circumstances, he submits that the order of conviction is liable to be set aside.