PUTTARAJU S/O. CHIKEEGOWDA, SRI SURESH S/O. BOREGOWDA AND SRI NAJUNDA @ NAJUNDEDEGOWDA S/O. JAVAREGOWDA Vs. THE STATE BY CHANNARAYAPATNA RURAL POLICE

JUDGEMENT

(1.) THIS appeal it filed by the accused challenging the judgment dated 25.9.2004 passed in S.C. No. 112/2000 by the Additional Sessions Judge and the Presiding Officer, Fast Track Court - III, Hassan, convicting the Appellants for the offences punishable under Sections 326, 323 and 324 r/w Section 34 of IPC and sentencing them to pay fine of Rs. 500/ - each in default, to undergo simple imprisonment for 15 days for the offence under Section 323 r/w. 34 of IPC and further sentencing them, to suffer simple imprisonment for six months and to pay fine of Rs. 500/ -. each, in default, to undergo simple imprisonment for 15 days for the offence punishable under Section 324 r/w. 34 of IPC and farther sentencing them to undergo rigorous imprisonment for three years and pay fine of Rs. l,000/ -to default to suffer simple imprisonment for 20 days for the offence punishable under Section 326 r/w, 34 of IPC.

(2.) IT is the case of prosecution that on 6.7.1999 at about 8 -00 p.m. in Yeleyur Koppalu Village of Dhandiganahalli Hobli, Channarayapatna Taluk, there was a. quarrel between one Dodde Gowda and Range Gowda in respect of the damage caused to the borewell which was erected through the lands of the complainant Dodde Gowda and in that process, accused No. 1 assaulted CW -1 Dodde Gowda on the back of his right shoulder and on his right arm and also caused injury to one Manje Gowda on his left ribs, thereby they are alleged to have committed an offence under Section 326 r/w. 34 of IPC. It is further alleged that on the said place, date and time, the accused No. 2 quarreled and assaulted CWs.1 and 2 and CW.15 Byre Gowda, by means of an iron blade and caused grievous injuries on his right hand, thereby, they are alleged to have committed an offence under Section 324 r/w. 34 of IPC -. Thirdly, it is alleged that on the said place, date and time, accused No. 3 assaulted Byre Gowda with his hands and caused him pain and first accused also assaulted Range Gowda with his hands on his right ribs thereby they are alleged to have committed offence under Section 323 r/w, 34 of IPC. It is further charged against accused that by causing injuries on Dodde Gowda on his right ribs with an intention to commit his murder, they have committed an offence under Section 307 r/w. Section 34 of IPC,

(3.) THE defence of accused was one of total denial. After hearing the. prosecution and the defence, the learned Sessions judge was pleased to convict the accused/ Appellants for the offences mentioned above white acquitting them of the offence under Section 307 r/w. Section 34 of IPC. The convicted accused have fifed this appeal.