SACHIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE PSI, Mal Maruthi Police Station, Belgaum submitted a Charge Sheet against the petitioner herein before the JMFC 2nd Court, Belgaum for the offences punishable under Sections 326 and 504 of IPC on the allegations that on 13.06.2007 at about 7.00 P.M. nearby a well situated at Harijankeri of Basavan Kudachi Village, the accused being raged with the fact that the complainant (PW -1) Basavanni Fakira Dhulappanavar has fenced his plot, on that allegation he abused PW -1 as "Bosadi Magane" and insulted him with filthy language and also voluntarily caused grievous injury by assaulting him with a stick over the left knee of PW -1. The Trial Court after securing the presence of this accused framed charges against this accused for the offences punishable under Sections 504 and 326 of IPC and after recording the evidence of the prosecution witnesses and also statement of the accused, recorded conviction under Section 326 and 504 of IPC sentenced the accused to undergo rigorous imprisonment for two years and to pay a fine of Rs.8,000/ - in default to undergo simple imprisonment for three months for the offence under Section 326 of IPC and also sentenced to undergo simple imprisonment for six months for the offence punishable under Section 504 of IPC and also awarded Rs.7,000/ - compensation to PW -1 out of the fine imposed.

(2.) BEING aggrieved by the said judgment and sentence, the petitioner herein approached the VI Additional Sessions Judge, Belgaum in Criminal Appeal No.31/2010. The Appellate Court also re -evaluated the evidence on record confirmed the judgment of conviction and sentence passed by the Trial Court so far as the offence punishable under Section 326 of IPC is concerned, but set aside the same passed under Section 504 of IPC against the accused. The petitioner aggrieved of the said orders of both Courts below in convicting and sentencing him for the offence under Section 326 of IPC filed this Revision Petition.

(3.) I have carefully perused the judgment of the Trial Court and also the evidence considered by the Trial Court and as well as the Appellate Court.