MURKANNAPPA Vs. STATE

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and sentence dated 22.10.2011 in C.C. No. 861/2010 passed by the Civil Judge and JMFC, Sira and confirmed by the lower appellate Court in Crl.A. No. 105/2011 vide judgment dated 28.2.2012 convicting and sentencing the petitioner to undergo simple imprisonment for a period of two years with fine of Rs. 5000/ - and in default to pay fine amount, to undergo simple imprisonment for a term of six months for the offences punishable under Section 326 r/w 34 IPC; one year simple imprisonment with fine of Rs. 1000/ - for the offences punishable under Section 504 r/w 34 IPC and in default to pay fine amount, to undergo simple imprisonment for three months; and one year simple imprisonment and Rs. 1000/ - fine for the offences punishable under Section 506 r/w 34 IPC and in default to pay fine amount, to undergo simple imprisonment for three months. PW. 3 lodged a complaint with jurisdictional police on 22.02.2010 inter alia contending that the petitioner and his brother abused them in filthy language, assaulted P.W. 2 causing grievous injury and threatened them with dire consequences to their life. The jurisdictional police registered a case in Cr. No. 154/2010. After investigation charge sheet was filed for the offences punishable under Sections 326, 504 and 506 r/w 34 IPC in C.C. No. 861/2010. After framing the charges for the above said offence the prosecution examined 8 witnesses as PW. 1 to 8 and got marked Exs. P1 to P4 and M.O. 1. After hearing arguments, the trial Court framed the following points for its consideration:

(2.) ON appreciation of the oral and documentary evidence the trial Court convicted the petitioner/accused no. 1 for the offences punishable under Sections 326, 504 and 506 r/w 34 IPC. Further the trial Court held that the prosecution has failed to prove the involvement of Accused no. 2 in the offence and consequently acquitted him. After hearing accused no. 1, the trial Court passed the order of sentence. Aggrieved by the judgment of conviction and sentence passed by the trial Court, petitioner filed an appeal before the lower appellate Court in Crl.A. No. 105/2011. The lower appellate Court on re -appreciation of the entire material on record dismissed the appeal and confirmed the judgment of the trial Court. Hence this revision petition.

(3.) ADMITTEDLY , the incident had taken place on the evening of 21.02.2010. On the next date i.e., on 22.02.2010 the complaint was lodged with the jurisdictional police. There is no explanation for this delay in lodging the complaint. This is one of the circumstances that is required to be taken into consideration while appreciating the evidence on record. Unfortunately, both the courts below committed an illegality in not noticing the delay in lodging the complaint.