DAYANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction rendered by the II-Additional District and Sessions Judge, Bidar, sitting at Basavakalyan in S.C.No.189/2014 dtd. 22/8/2016, whereby rendering conviction against accused No.1 - Dayanand who is appellant before this Court. This accused was convicted by the trial Court for the offences punishable under Ss. 504 and 333 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') for short) and sentenced him to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.1,000.00 with default clause for the offence punishable under Sec. 504 of IPC and to undergo imprisonment for a period of 5 years and to pay a fine of Rs.25,000.00 with default clause for the offence punishable under Sec. 333 of IPC. This appeal is filed seeking to consider the grounds as urged and to set aside the conviction held against the appellant/accused No.1 and to acquit him of the offences punishable under Ss. 504 and 333 of IPC.

(2.) Heard the learned counsel Sri Shivanand V. Pattanshetti for the appellant/accused No.1 and the learned High Court Government Pleader for the respondent/State. Perused the judgment of conviction in S.C.No.189/2014 dtd. 22/8/2016 in respect of the accused-Dayanand. The aforesaid judgment consisting the evidence of PWs-1 to 13 and documents at Exs.P1 to P-19 inclusive of M.Os.1 to 5.

(3.) Factual matrix of the appeal are as under: It transpires in the case of the prosecution that in pursuance of the order/direction issued by the superior officer that the accused persons are selling illegal arrack in the hotel of accused No.2 during Devi Tanda fair, on 16/1/2014 at 11.00, the complainant and CW-6 had been to collect some sort of information against the persons being arraigned as accused, in the limits of Kalkhora village and they reached to that place. The complainant and CW-6 were sitting in the hotel of accused No.2. At that time, accused No.3 identified that they are police and therefore along with other accused started abusing them in filthy language saying that since one hour they are sitting in this hotel causing inconvenience to sell arrack. As such, the accused have picked up quarrel with the complainant and CW-6. When they went out of the hotel, accused No.1 namely Dayanand assaulted CW-6 with means of stick on his left parietal region as a result of that he sustained some bleeding injuries. In the course of that incident, accused No.5 namely Srinath also assaulted with means of a stick on the left parietal region of CW-6 and as a result of that he sustained bleeding injuries. The complainant who came forward to veil the incident, was assaulted by accused Nos.2, 3, 4 and 6 with means of their hands and legs and caused injuries. By this act, the accused have caused obstacle to discharge their duty being a Government servant. In pursuance of the act of the accused, on the filing of a complaint by the complainant, criminal law was set into motion by recording FIR as per Ex.P11 for the offences punishable under Ss. 143, 147, 148, 353, 332, 333, 504 read with Sec. 149 of IPC. PW-10 being an Investigating Officer in part who received the complaint at Ex.P-11 filed by Jagadevappa being a police constable and based upon his complaint criminal law was set into motion by recording a FIR as per Ex.P-11.