A.A.SUBRAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner was tried as accused by the Court of learned Prl. Civil Judge (Jr. Dn.), and J.M.F.C., Madikeri, (hereinafter for brevity referred to as the 'trial Court') in C.C. No. 357/2007, for the offence punishable under Sec. 326 of Indian Penal Code, 1860 (hereinafter for brevity referred to as the 'IPC') and was convicted by its judgment of conviction and order on sentence dtd. 17/10/2007 and was sentenced accordingly. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No. 89/2007, before the Fast Track Court, Kodagu at Madikeri, (hereinafter for brevity referred to as the 'Sessions Judge's Court'), which after hearing both side, dismissed the appeal filed by the accused by its judgment dtd. 27/8/2012. Being aggrieved by the same, the accused has preferred the present revision petition.

(2.) The summary of the case of the prosecution in the trial Court was that on the date 23/11/2006, at about 7.30 a.m., near paddy field of PW-3 K.A. Uthappa in Makkandur village within the limits of complainant-Police Station, when PW-2 - Lingappa objected to the accused for the accused letting his cattles for grazing in the field of PW-3 Uthappa, who was the master of the complainant, the accused voluntarily assaulted the complainant (PW-2) with a club and caused him grievous injuries and thereby committed an offence punishable under Sec. 326 of IPC.

(3.) The accused appeared in the trial Court and contested the matter through his counsel. The accused pleaded not guilty. As such, in order to prove the guilt against the accused, the prosecution got examined in all five witnesses from PW-1 to PW-5 and got marked documents from Exs.P-1 to P-5 and one material object was produced at MO-1. However, neither any witness was examined nor any documents were got marked on behalf of the accused.