SUBBANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants have challenged the judgment and order convicting them for the offence punishable under Sections 323 and 342 of IPC and sentence thereon on a trial held by Special Judge, Bangalore Rural.

(2.) THE facts reveal that PW1 ­ Venkatappa was employed by the accused for the purpose of doing Sericulture work. He had taken advance amount of Rs.5,000.00. Though he attended the work for sometime, as he was not well, he discontinued his service. Therefore, it is alleged that the accused in furtherance of their common intention, abused PW1 for not attending the work and bet him and accused No.1 is said to have assaulted the complainant with a club ­ MO1. A complaint was filed by PW1 with the police and during the course of investigation, spot mahazar - Ex.P2 was held. PW1 was examined by PW6 ­ Dr.M Laxminarayana. The injury certificate - Ex.P6 was collected. After investigation, chargesheet came to be filed against the appellants for other offences in addition to the offence under Sections 323 and 342 of IPC.

(3.) I have heard learned Counsel for the appellants as well as learned High Court Government Pleader.