MAHADEV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The revision petitioner has filed this petition under Section 397 read with Section 401 of Cr.P.C. for setting aside the judgment of conviction and order of sentence passed in Crl.A.No. 167/2008 dated 15.09.2012 on the file of the I Fast Track Court, Uttara Kannada, Karwar for the offence punishable under Section 324 of IPC and prayed for acquitting him by allowing the revision.

(2.) For the sake of convenience parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief facts leading to the case are that on 25.09.2007 at about 10.00 a.m., in Mavinagadde, Belke village in the forest area the accused was cutting the cashew nut plants of complainant and when complainant questioned the said aspect then accused being enraged assaulted the complainant with knife on his face and caused simple injuries and he has also abused him in filthy language and threatened him. In this regard, the complaint came to be lodged. On the basis of the complaint lodged by the complainant the Investigating Officer has investigated the crime and submitted the charge sheet. After submission of the charge sheet the learned magistrate has taken cognizance of the alleged offence and secured the presence of the accused and he was enlarged on bail. The accused has denied the accusation. The prosecution has examined 6 witnesses as Pws.1 to 6 and also got marked 4 documents as Ex.P1 to P4 and one material object Mo.1 to prove the guilt of the accused. After conclusion of the evidence of the prosecution the statement of the accused under Section 313 of Cr.P.C. is recorded to enable the accused to explain the incriminating evidence appearing against him in the case of the prosecution. The case of the accused is of total denial.