SHANKARA REDDY Vs. STATE BY MOLAKALMURU POLICE

JUDGEMENT

(1.) THIS Criminal Revision Petition is against the judgment of conviction of the petitioner for the offence punishable under S.326 r/w 34 IPC. He has been sentenced to undergo simple imprisonment for two years and pay fine of Rs.3,000/- with default stipulation.

(2.) A case was registered against the petitioner and 3 others on the basis of a complaint (Ex.P1) for the offences punishable under Ss.323, 326, 504 r/w 34 IPC. After investigation, charge sheet was filed by Molakalmur Police before the JMFC, Molakalmur. After trial, learned Magistrate convicted the accused persons and passed order of sentence. As against the conviction and sentence, accused persons filed Crl.A.Nos.62 and 65 of 2008 in the Sessions Court at Chitradurga. The appeals were consolidated, heard and was allowed in part. Judgment of conviction passed by the learned Magistrate against accused No.1, accused No.3 and accused No.4 for the offences under S.326 r/w 34 IPC was set aside. Their conviction for the offence punishable under S.323 r/w 34 IPC was confirmed. The conviction against accused No.2 i.e., the petitioner herein, for the offence under S.326 r/w 34 IPC was confirmed. Accused No.1, accused No.3 and accused No.4 were ordered to be released under Ss.3 and 4 of the Probation of Offenders Act. Feeling aggrieved, accused No.2 has filed this Criminal Revision Petition.

(3.) PERUSED the record. In view of the rival contentions, the point for consideration is, whether the conviction of the petitioner for the offence punishable under S.326 r/w 34 IPC is justified?