LAKSHMAN Vs. STATE

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence for the offence punishable under Section 326 IPC., on a trial held by the Sessions Judge, Kolar.

(2.) The facts reveal that there was a dispute in relation to a passage between P.W.1-Gangalamma and the appellant and on 30.06.2006 at about 7.00 a.m., when the appellant was digging a channel near the house of P.W.1, she and her son P.W.2- Radhakrishna questioned the appellant for blocking the passage. At that time, the appellant is said to have assaulted P.W.2-Radhakrishna with chopper, as a result he fell down. Later, P.W.4 and another intervened and pacified the appellant/accused and the injured. Thereafter, P.W.1-complainant took the injured-Radhakrishna to the hospital for treatment and later submitted a complaint against the appellant, which came to be registered by P.W.9-Deputy Superintendent of Police in Crime No.114/2006 for the offence punishable under Sections 324 IPC r/w. Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act), 1989 [hereinafter referred to as "the Act of 1989" for short]. After registration of the complaint, P.W.9 held the investigation by holding the spot mahazar-Ex.P2 in the presence of P.W.5 and another. The injury certificate-Ex.P3 was collected. Statements of the witnesses were recorded and after collecting other documents, the charge-sheet came to be laid against the appellant for the charges under Section 326 IPC and under Section 3(1)(x) of the Act of 1989. During the trial, the prosecution examined P.Ws.1 to 9 and in their evidence marked the documents Exs.P1 to 5. Statements of the appellant were recorded under Section 313 Cr.P.C. The trial Court after hearing the parties and on appreciation of the material, convicted the appellant for the charge under Section 326 IPC and acquitted him for other charges. Aggrieved by the conviction and sentence, the appellant/accused approached this Court in this appeal.

(3.) The appellant has moved an application under Section 320 Cr.P.C. with the permission to compound the offence and in this connection, I have heard Sri. Y.R.Sadashiva Reddy, learned counsel for the appellant and also learned High Court Government Pleader.