SRINIVAS Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the appellants-accused Nos.1, 3 and 4 under Sec. 374(2) of Cr.P.C. for setting aside the judgment of conviction passed by the Additional Sessions Judge, Mandya in S.C.No.162/2010 for having found guilty and convicted and sentenced to undergo rigorous imprisonment for

(2.) years for the offence punishable under Sec. 326 of IPC, rigorous imprisonment for three months for the offence punishable under Sec. 324 read with Sec. 34 of IPC vide judgment dtd. 18/1/2012. 2. Heard the learned counsel for the appellants and learned High Court Government Pleader for the respondent- State.

(3.) The case of the prosecution is that on the complaint of PW.1, the Police registered a case and it was alleged in the complaint that on 3/9/2009 in the early morning at 3.00 a.m., the accused persons entered into the house of the complainant, assaulted with deadly weapons and caused grievous injuries. The police registered the FIR for the offences punishable under Sec. 324, 326 of IPC read with Sec. 34 of IPC . After the investigation, they filed the charge-sheet for the offences punishable under Ss. 324, 307 read with Sec. 34 of IPC. The accused was arrested and released on bail. The charges were framed, thee accused denied the charges categorically. Accordingly, the prosecution examined 6 witnesses as per PWs.1 to 6 and got marked 8 documents as per Exs.P1 to P8 and 6 Material Objects as per M.Os.1 to 6. After closing the evidence, the statement of the accused under Sec. 313 of Cr.P.C. were recorded. The case of the accused is one of the total denial and they have not entered any evidence. After hearing the arguments, the trial Court found the accused guilty and convicted for the offences punishable under Ss. 326 and 324 of IPC which is under challenge.