PRAKASH @ TULSIPRAKASH, S/O KRISHNEGOWDA Vs. STATE BY HASSAN CITY POLICE STATION, HASSAN, REPT. BY S.P.P., HIGH COURT BUILDING, BANGALORE-560001

JUDGEMENT

(1.) THIS criminal revision petition is by the accused who has been convicted by the trial court in respect of the offences punishable under Sections 341, 323 and 326 of IPC and consequent sentence of Rs. 300/ - fine for the offence u/s 341, Rs. 500/ - for tile offence u/s 323 and two months S.I, and Rs. 1,500/ - fine in respect of the offence u/s 326 with default sentences were questioned by the petitioner before the lower appellate court and his appeal was dismissed. The petitioner therefore calls in question the judgments of the courts below. The case of the prosecution in short is that, when the victim Dharmesh was taking the cattle in the field close to the by -pass road in front of the house of one Kalegowda, the accused, whose lands were also nearby, told the victim to take the cattle properly and to avoid the cattle entering the land of the accused, the victim replied that, if the cattle trespasses into the land of the accused, then he shall look into it. This made the accused to abuse the victim and A -1 Prakash caught hold of the victim and A -2 assaulted with a spade. The victim was taken to hospital for treatment and his complaint was taken as per Ex.P1. On completion of the investigation, the charge shed was filed against the petitioner in respect of the offences punishable under Sections 341, 323, 326 r/w section 34 of the IPC.

(2.) AT the trial, following the accused not pleading guilty, the prosecution examined in all eight witnesses and 5 documents were produced along with one M.O. The accused led no defence evidence.

(3.) I have heard the learned counsel for the petitioners and learned Government Pleader for the respondent -State.