KRISHNEGOWDA Vs. STATE

JUDGEMENT

(1.) Heard Sri. G.S.Balagangadhar, the learned Amicus Curiae for the petitioner and Smt.Rashmi Jadhav, learned High Court Government Pleader for the respondent-State. Perused the records.

(2.) The factual matrix of the case of the prosecution before the trial Court is that on 12/11/2006 at about 7.00 am near the house of the accused situated at Attimaranahalli Village within K.R. Pet town police limit, the P.Ws.1 and 2 went to the house of accused questioning him the act of harvesting the maize crop grown by the P.W.1 at his land, the accused picked up a quarrel with the P.W.1 and assaulted him with the iron chain inflicting the injury on his back, head and other parts of the body as well as assaulted on his right thumb inflicting grievous injury. It is also stated that, the accused also assaulted P.W.2 on his back, head and cheek causing simple injuries, when P.W.2 came to rescue of P.W.1 and hence, invoked the offence punishable under Ss. 326 and 324 of IPC.

(3.) The police have investigated the matter and filed charge sheet against the accused and secured the accused before the trial Court and accused did not plead guilty and claimed to be tried. Hence, the prosecution examined seven witnesses as P.Ws.1 to 7, among them P.W.1 and 2 are the injured witnesses; P.Ws.3 and 4 are eye witnesses; P.W.5 is the doctor who treated the P.W.1 and 2; P.W.6 is the mahazer witness and P.W.7 is an investigating officer. The prosecution got marked five documents as Ex.P1 to P5(a) and one material object as M.O.1. The trial Court after considering both the oral as well as documentary evidence, convicted the petitioner for the offences punishable under Ss. 326 and 324 of IPC and imposed fine of Rs.3,000.00 and Rs.2,000.00 respectively for the said offences and also awarded default sentence.