SHANMUKHA Vs. STATE REPRESENTED BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THE appellant (accused) was tried for offences punishable under Sections 326, 341, 307 and 506 -II IPC. The learned Sessions Judge acquitted accused for offences punishable under Sections 307 and 506 -II IPC and convicted the accused for offences punishable under Sections 326 and 341 IPC. Therefore, the accused is before this Court. It is the case of prosecution that on 05.08.2005 at about 7.30 a.m., near the coffee estate of one Thammegowda in Lakkunda village, Yeslur hobli, Sakaleshpura taluk, when PW -2 Manjunatha was proceeding towards his land, the accused wrongfully restrained him stating that he has no right to proceed on that pathway. When PW -2 had asserted that he has right to proceed on the pathway, accused assaulted PW -2 with a chopper and caused multiple injuries with such knowledge and intention, if he had caused the death of PW -2, he would have been held guilty of an offence punishable under Section 302 IPC.

(2.) I have heard Sri. R.B. Deshpande, learned counsel for the accused and learned SPP for the respondent -State.

(3.) THE learned SPP would submit that the State has not challenged acquittal of accused for offences punishable under Sections 307 and 506 -II IPC. Therefore, the following points would arise for determination: - -