CHINNAPPAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioners, being aggrieved by the judgment of conviction and order of sentence dtd. 14/2/2019 in C.C.No.151/2015 on the file of the Court of the Principal Civil Judge and J.M.F.C., Srinivasapura and its confirmation judgment and order dtd. 9/1/2020 in Crl.A.No.25/2019 on the file of the Court of the Principal District and Sessions Judge at Kolar, seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioners / accused is convicted for the offences punishable under Ss. 323 and 324 r/w 34 of Indian Penal Code (for short 'IPC').

(2.) The petitioners are the accused before the Trial Court and the appellant before the Appellate Court.

(3.) It is the case of the prosecution that, on 21/1/2015 at about 7.30 p.m., in the night, in front of the house of the complainant, the accused Nos.1 to 3 formed a group and picked up a quarrel with PW.1-Satish. It is further stated that, accused No.1 abused PW.1 in filthy language, and accused No.3 assaulted PW.1 with a club and caused injuries. In the meantime, PW.2-Sarala W/o PW.1 rushed to pacify the quarrel, accused No.2 slapped her on her cheeks and assaulted her with their hands, and all three accused threatened PWs.1 and 2 that they would be killed. After the incident, a complaint came to be lodged by PW.1. The police have registered a case in Crime No.11/2015 for the offences under Ss. 323, 324, 504, 506 r/w 34 of IPC. After conducting the investigation, submitted the charge sheet.