CHANNARAYAPPA Vs. STATE

JUDGEMENT

(1.) THE appellant (hereinafter referred as 'accused') was tried and convicted for an offence punishable under section 307 IPC. Therefore, he is before this court. I have heard learned counsel for accused and learned HCGP for State.

(2.) THE accused was tried for the aforestated offence on the allegations that on 17.02.2007 at about 8 a.m., near Janatha houses in B.K. Halli Village, Pavagada Taluk, the accused due to previous political enmity, assaulted PW2 with a chopper on right side of his neck and caused grievous injuries with such intention and knowledge by such act, if he had caused death of PW2, he would have been held guilty of an offence punishable under section 302 IPC, thereby committed an offence punishable under section 307 IPC.

(3.) PW 2 -Channakeshava (victim of assault) has deposed; one year prior to 19.08.2008 i.e., on the date of Shivarathri festival at about 8 a.m., he was going to a temple in B.K. Halli Village; when he reached Anganawadi Centre, accused came there and demanded PW2 to vote for congress party in the coming elections; PW2 was a supporter of Janatadal party; PW2 told accused that he would caste his vote as per his choice and accused should not interfere; accused got enraged and told PW2 that if he does not vote for congress party, he would stab him with a chopper (machu); PW2 told accused that he would not care and he would not vote for congress party; accused was holding a chopper; accused assaulted on right side of neck of PW2 with a chopper; many people gathered there; when PW2 cried for help, nobody came forward to help him; therefore, PW2 held collar of accused and took him to panchayat office; PW2 pushed the accused inside panchayat office, closed door and bolted door from outside; by then, PW2 was fully exhausted and he fell unconscious; PW2 regained consciousness at about 1.30 a.m., in Victoria Hospital at Bangalore; PW2 was an inpatient for 5 days; thereafter, PW2 stayed in the house of his elder sister in K.R. Puram at Bangalore for about two months for taking follow up treatment. PW2 has identified his blood -stained clothes and weapon of offence.