M. VENKAPPA POOJARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under Sections 504 and 326 IPC on a trial held by Fast Track Court, Mangalore. The facts relevant for the purpose of this appeal are as under:

(2.) I have heard learned Counsel for the appellant and also learned High Court Government Pleader.

(3.) LEARNED Counsel for the appellant would contend that the deceased who is the father of appellant had committed an act of trespass by entering into the land of appellant and in the scuffle he fell down and he has sustained injuries. He submits that there was no assault and the injuries are not due to any such assault, therefore, he submits that conviction and sentence ordered by the Trial Court is erroneous and illegal. He also contends that weapon used is not a dangerous weapon and hence, conviction under Section 326 IPC is improper.