KARABASAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision is filed against the judgment of conviction passed by both the Courts below for the offence punishable under section 326 of IPC, whereby the Trial Court has imposed the sentence of imprisonment for a period of three years with fine of Rs.5,000/- with default clause of S.I. for a period of one month.

(2.) As per the case of the prosecution, on 18.02.2007 night at 8.00 p.m., in front of bus stand in Chikkerur village, when the complainant demanded the amount due to him from the accused, the accused-revision petitioner abused him in filthy language and picked a club lying nearby and assaulted on his right forehand causing grievous injury to him and he also threatened him. In this regard, he was charge sheeted and on the basis of the evidence, he was convicted for the offence punishable under section 326 of IPC but was acquitted for the offences punishable under sections 504 and 506 of IPC by the Trial Court.

(3.) This judgment of conviction and order of sentence passed by the Civil Judge and JMFC, Hirekerur came to be challenged in Criminal Appeal No.41/2010 before the learned Sessions Judge and the learned Sessions Judge by his order dated 13.12.2012 dismissed the appeal by confirming the judgment of the Trial Court.