GOPALA S/O CHANDREGOWDA AND ORS Vs. STATE

JUDGEMENT

(1.) Under Section 397 r/w 401 of Code of Criminal Procedure, the accused in C.C. No. 71/2002 on the file of Second Additional Civil Judge (Jr.Dvn.) and J.M.F.C., Hassan preferred the above Revision Petition against the impugned order dated 21st July 2007 on the file of the Additional Civil Judge (Jr. Dvn.) and J.M.F.C., Hassan and also the Judgment and order of Conviction confirmed on the file of the Principal District and Sessions Judge, Hassan in Criminal Appeal No. 84/2007 vide Judgment dated 05.12.2008.

(2.) It is the case of the prosecution that on 17.11.2001 between 8 and 9 p.m. in front of the house of CW-1/complainant at Mavinahalli, Kasaba Hobli, Hassan Taluk, the accused in furtherance of common intention picked up quarrel with CWs 1 and 2 when CW-2 demanded for repayment of the loan availed by accused No.3, accused No.3 assaulted CW-1 with club on her both knees, the accused No.2 assaulted CW-1 on her left thigh with club; caused bleeding injuries and thereby committed offence under Section 324 r/w 34 of I.P.C. Further, it is the case of the prosecution that in the said alleged incident all the accused Nos.1 to 3 again in furtherance of common intention assaulted CW-3 with hands and caused simple injuries and committed an offence under Section 323 r/w 34 of I.P.C.

(3.) To prove its case, the prosecution examined 7 witnesses i.e. complainant as PW-1, witness to the incident as PW-2, attestors to the spot mahazar as PWs 3, 4 and 7 while PW-4 also speaks about the alleged incident, and PW-5 SHO, who registered the case, investigated and filed the charge sheet, PW-6 the Medical Officer who examined the injured and issued the wound certificate and got marked Ex.P1 to P4 and also material objects i.e. 2 clubs as MO-1.