SHARANAPPA AND NINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) APPEAL is by the accused challenging the order of conviction and sentence recorded by the Fast Track Court I, Bijapur in SC 17/2008. Charge sheet was filed against the accused for the offence under Ss. 324, 326, 307, 504, 506 r/w S. 34, IPC. According to the prosecution, the 1st accused was following CW 6 - Lalitha, daughter in law of the complainant and wife of Mallanagouda and teasing her since 3 to 4 months prior to 6th December, 2006. Despite warning/cautioning not to resort to such teasing, the 1st accused continued to do so. When the complainant again cautioned the 1st accused not to resort to such things, being enraged, on 6.12.2006 at 8.00 a.m. the 1st accused along with the 2nd accused, while the complainant was cultivating the land, raised a quarrel with him with an intention to commit his murder and assaulted with the handle of the axe and sticks on the complainant's back, hip and left leg and voluntarily caused grievous hurt and committed the offence with an intention and knowledge. Hence, the complaint. Since the accused pleaded not guilty and claimed to be tried, during trial, prosecution examined, in all about thirteen witnesses and got marked about eleven documents and material objects 1 to 3. Thereafter, on hearing, the accused were convicted for the offence under S. 324, 326 and also for the offence under S. 504, 506 and 307 IPC and sentenced the accused for six months, one year and two years imprisonment respectively and also to pay five of Rs. 500/ -. Against this order of conviction and sentence, accused are before this Court seeking acquittal.

(2.) AFTER investigation, police have filed charge sheet against Sharanappa Biradar and Ningappa Biradar who are claiming to be relatives of the complainant.

(3.) IT is the argument of the Addl. SPP, rightly relying upon the evidence of one of the eye witnesses who is none other than the son of the complainant himself, the accused have been convicted. There is no illegality in the order passed. Accordingly, he has sought dismissal of the appeal.