NAGA @ NAGESHA @ NAGEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant (hereinafter referred to as 'accused') was convicted and sentenced for offences punishable under Sections 324, 326 and 307 IPC in S.C.No.107/2008 on the file of Fast Track Court, Holenarasipura.

(2.) I have heard Sri.A.N.Radhakrishna, learned counsel for the accused and learned SPP for the respondent-State.

(3.) The accused was tried for the aforesaid offences on the allegation that accused had illicit intimacy with the wife of victim namely PW-1 Nanjappa, for which PW- 1 reprimanded the accused. It is the case of the prosecution that on 24.04.2008 at about 9 p.m., PW-1 was proceeding on the motor cycle bearing registration No.KA-17 H-5712. Accused pleaded with PW-1 that he would travel with him. Therefore, accused was travelling as a pillion rider. When they reached Holenarasipura-Matali road near Harihara Koppalu village, accused asked PW-1 to stop the motor cycle on the pretext that his cap had fallen down. Therefore, PW-1 stopped the motor cycle. Accused got down from the motor cycle and removed a chopper and scolded PW-1 that he was spreading false rumors against him and assaulted PW-1 with a chopper and caused multiple injuries including fracture of left ulna. After causing the injuries, accused fled away from the place. PW-1 informed the incident and his condition to his brother PW-3 Sannappa, who reached the place of incident and shifted PW-1 in a tractor to the General Hospital at Holenarasipura. After preliminary treatment, injured (PW-1) was treated in Shekar Hospital at Bangalore. As per the medical evidence and wound certificate, PW-1 had suffered following injuries:-