MAHADEVA RAO GHATHE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is tiled challenging the judgment dated 29.3.2004 passed by the First. Additional Sessions Judge, Mysore in S.C. No. 1.69 of 1996 convicting the appellants and sentencing them to pay a fine of L 200/- each for the offence under Section 447 read with Section 84 IPC and to pay a fine of L 300/- each for the offence punishable under Section 841 read with Section 84 IPC and to pay a fine of L 400/- each for the offence punishable under Section 323 IPC read with Section 34 IPC and Sentencing them to undergo R.I. for a period of 2 years and to pay a fine of L 1,000/- each for the offence punishable under Section 307 IPC read with Section 14 IPC with default clauses.

(2.) The ease of the prosecution is that on 18.10.1991. at about 3.00 p.m., in Kereyur village of Hunsur taluk the accused with common intention committed criminal trespass by unlawfully entering into land bearing survey No. 91 which was in the possession of CW. 1 Sajjan Rao Kaddam and wrongfully restrained the complainant, assaulted him and attempted to commit his murder thereby, they are alleged to have committed offences punishable under Sections 447, 341, 323 and 307 read with 34 IPC. It is further alleged that on the above said date, place and time in furtherance of their common intention, accused Nos. 2 and 3 have caused hurt to CW. 1. by pressing his private part. accused No. 4 voluntarily caused, hurt by kicking him and accused No. 5 caused grievous hurt by assaulting CW. 1 with chopper and accused No. I held CW. 1, thereby, all of them are alleged to have committed offences punishable under Sections 323 and 326 read with 34 of IPC.

(3.) Originally the matter was taken up by the learned JMFC, Hunsur for trial. After recording the evidence of P.Ws. 1 and 2, the prosecutor filed an application under Section 323 Cr.P.C. praying that the case deserves to be tried before the Court of Sessions. The learned Magistrate dismissed the said application. The prosecution thereafter filed a criminal revision petition before the Sessions Court and the learned Sessions Judge by order dated 16.11.1995, allowed the said application filed by the prosecution and directed that the case; shall be committed to Court of Sessions. Accordingly, the matter was taken up for trial before the II Additional Judge, Mysore. The learned Sessions Judge after hearing the parties before framing charge, framed fresh charge for the offences mentioned above and also framed a further charge for the offence under Section 307 read with 34 IPC alleging that on the aforesaid place, date and time, the accused have attempted to commit the murder of CW. 1 by assaulting with chopper on left palms and also on his neck with an intention to commit his murder. Thereafter the prosecution examined in all 9 witnesses and got marked Ex. P1 to P9 and produced M.O. 1 to 4. The defence of the accused one of total denial. After hearing the prosecution and the defence, the learned Sessions Judge was pleased to hold the accused guilty and convicted and sentenced them as herein before mentioned.