HANUMANTHA REDDY Vs. STATE BY TOWN POLICE CHITRADURGA

JUDGEMENT

(1.) PETITIONERS have been convicted for the offences under Sections 323, 324 r/w Section 34 of IPC and have been sentenced. Accused have been sentenced for the offence under Section 323 r/w Section 34 IPC, to pay fine of Rs.1,000/- each and in default, to undergo simple imprisonment for three months. They have been sentenced to undergo simple imprisonment for three months and also to pay fine of Rs.1,000/- each, for the offence under Section 324 r/w Section 34 IPC and in default, to undergo simple imprisonment for three months. Crl.A.No.41/2008 filed by the accused, in the Sessions Court at Chitradurga was dismissed on

(2.) 12.2009. 2. Sri.D.R.Nagaraja, learned Advocate appearing for the petitioners contended that there are discrepancies in the evidence of the prosecution witnesses and hence, petitioners are entitled to the benefit of doubt since the prosecution has failed to prove its case beyond all reasonable doubts. Alternatively, learned counsel submitted that the sentence imposed on the petitioners is harsh.

(3.) PW.1, who is the complainant has deposed that, on 04.02.2007, at about 4.30 p.m. when he was vending bettle leaves at Kannika Road, Chitradurga, wife of accused No.1 came and abused him and later accused 1 and 2 came to the spot, accused No.2 pulled his shirt and kicked him by his legs and that accused No.1 assaulted him from back side with an iron rod and caused bleeding injury, which was witnessed by PWs 2 and 3. PW.1 has identified the iron rod used for assaulting him as MO.2. The blood stained shirt has been identified as MO.1.