YENKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition has been filed by the petitioners/accused Nos. 1 and 2, being aggrieved by the judgment of conviction and order of sentence passed by the JMFC, Bhatkal (hereinafter referred to as 'the trial Court', for short) in CC No. 1027/2007 for the offences punishable under Ss. 323, 324, 355, 447 R/w. Sec. 34 of the IPC, which is modified by Court of the Principal District and Sessions Judge, Uttara Kannada (hereinafter referred to as the first Appellate Court', for short), by its judgment and order dtd. 30/4/2019 passed in Crl.A. No. 254/2007.

(2.) Heard the arguments from both sides and perused the records. The rankings of the parties before the trial Court are retained for the purpose of brevity.

(3.) The case of the prosecution is that, on 12/1/2007 at 1300 hours within the jurisdiction of Murdeshwar village at Kolgeri, Uttarkoppa village, the accused with a common intention constituted together on previous ill-will and picked up quarrel with the complainant - Nagappa Manjappa Naik, in connection with the dispute of taking water from the tank and also with an intention to assault the complainant accused No. 1 tied stone in his lungi and assaulted the complainant on his face, and accused No. 2 also assaulted the complainant with footwear. Accused No. 3 (already acquitted by the Sessions Court) and also accused No. 1 abused the complainant in filthy language and subsequently one Nagaraj Kulla Naik and Venkatesh Narayana Naik have pacified the quarrel.