NATARAJ Vs. STATE BY AJJAMPURA POLICE

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under Section 326 IPC on a trial held by the Fast Track Court at Tarikere.

(2.) THE facts relevant for the purpose of this appeal are as under: PW6 -Basappa is the resident of Kanabagatte village situated within the limits of Ajjampura police station. PW8 -Rajappa is his son, whereas PW11 -Girijamma is the daughter and PW9 -Omkaramma is his wife. He is the nephew of PW12 -Manja. He was elected as a member of the Mandal Panchayat, Bukambudi and was responsible to install a public tap near the house accused No. 2. To avoid the accumulation of the tap water, a gutter was also provided. On 4.1.2000 at about 10.30 a.m. when he was passing in the colony near the house, the accused including the appellant having formed an unlawful assembly and armed with chopper and clubs came and threatened him stating that he has not removed the public tap despite many requests and have abused him. Accused Nos. 2 and 3 said to have held PW6 -Basappa and accused No. 9 -Gullamma threw chilly powder in the eyes and the appellant (accused No. 1) assaulted him with the chopper and he sustained injuries. The other accused also surrounded him and assaulted with the clubs. Meanwhile PW12 -Manja and others intervened. By that time Ajjampura police came in a car and shifted him to the government hospital at Bukambudi and as no doctor was there, he was shifted to Birur hospital. The Head Constable recorded his complaint Ex.P7 and produced it before PW14 -ASI. It was registered in Crime No. 4/2000 and the complaint -Ex.P7, the FIR -Ex.P11 were sent to the Magistrate. PW14 -the Investigating Officer went to the scene of occurrence and in presence of PW2 -Thippeshappa and others held the spot mahazar Ex.P2 and seized the chopper MO.1 and clubs MOs.2 to 5. He recorded the statements of the witnesses. The clothes (Mos.6 and 7) of the injured produced by PW4 were seized under the mahazar Ex.P6. He sent the seized articles to the opinion of the experts. After collecting the injury certificates and other relevant documents, charge sheet was filed against the appellant and the other accused for the charges under Sections 143, 148, 341, 504, 324 and 307 read with 149 IPC. During the trial, the prosecution examined PWs.1 to 14 and got marked the documents Exs.P1 to P11 and MOs.1 to 7. The statement of the accused were recorded under Section 313 Cr.P.C. No defence evidence was led. Anyhow, they have got marked Exs.D1 and D2 the contradictions in the statement of PW9. The trial Court after hearing the counsel for the parties and on appreciation of the material on record convicted the appellant (accused No. 1) for the charge under Section 326 IPC, acquitting all other accused and ordered the appellant to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 3,000/ -, in default to undergo rigorous imprisonment for six months. Aggrieved by the conviction and sentence, the present appeal has been filed.

(3.) THE point that arises for my consideration is: