PUTTARAMU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under section 307 IPC on a trial held by the Fast Track Court at Ramanagaram. The facts relevant for the purpose of this appeal are as under: There is a civil dispute between PW -2 and the appellant for one gunta of land. On 18.11.2002 in the morning at 8.30 a.m. PW -2 Krishna Shetty went to answer the call of nature near a tank and while proceeding towards his land, the appellant who was hiding in a bush with a weapon in his hand said to have chased him and assaulted him with the back portion of the sickle. PW -2 sustained fracture of mandible. He was treated by PW -6 Dr. Ramakrishna. A complaint of this incident was filed by PW -1, wife of PW -2, as per Ex. P1 and after registration of the complaint, the spot mahazar Ex. P2 was held in the presence of PW -5 and another. The statements of the witnesses were recorded. The sickle M.O. 1 was sent for the opinion of the expert. Ex. P5 FSL report was secured. After collecting the injury certificate and other details, charge sheet came to be filed against the appellant for the offence punishable under section 307 of IPC.

(2.) DURING the trial, the prosecution examined PW -1 to PW -7, got marked the documents Ex. P1 to Ex. P6 and produced M.O. 1 The statement of the appellant was recorded under section 313 of Cr. P.C. No defence evidence was led.

(3.) AGGRIEVED by the conviction and sentence, the present appeal is filed.