PRAVEEN S/O KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is filed challenging the Judgment dated 24.1.2006 passed by the Fast Track Court-V at Chickballapur in S.C.No.288/2002, convicting the appellant for an offence under Section 353 of IPC and sentencing him to undergo S.I. for a period of three months and to pay a fine of Rs. 2,000/- in default to suffer S.I. for one month.

(2.) It is the case of the prosecution that the appellant herein along with two other persons on 20.3.2002 at about 10.30 a.m. in-furtherance of their common intention near Manchenahalli caused hurt to the police constables and officers, who are public servants while discharging their official duties as such public servants, thereby all the three accused are alleged to have committed an offence under Section 323 read with Section 34 of IPC. It is further alleged that on the above said date, place and time, the accused along with the appellant attempted to commit the murder of the police constables by stabbing with button knives and if by that act they had caused death, they would have been guilty of murder, thereby they are alleged to have committed an offence under Section 307 read with Section 34 of IPC.

(3.) The prosecution in order to prove the case has examined in all 17 witnesses, got marked Exs.P1 to P11 and produced MOs.1 to 6. The defence of the accused was one of total denial. However, by the impugned Judgment, the learned Sessions Judge was pleased to convict the appellant while acquitting the other two accused for an offence under Section 353 of IPC. The learned Sessions Judge has acquitted the appellant of the offences under Sections 332 and 307 of IPC along with others. It is this Judgment of conviction and sentence that has been challenged by the accused in this appeal.