STATE OF KARNATAKA Vs. BABU

JUDGEMENT

(1.) THE judgment and order dated 30th April 2009 passed by II Addl. Sessions Court, Kolar in Crl. A. No. 2/2009 is appealed against by the State. By the impugned judgment and order, the I Appellate Court has set -aside the judgment of the Trial Court convicting accused No. 2 for the offence punishable under Section 326 of IPC and consequently has convicted accused No. 2 for the offence punishable under Section 324 of IPC and by the very judgment, convicted accused No. 2 is released by giving benefit of Section 3 of Probation of Offenders' Act, 1958.

(2.) THE case of the prosecution is that while PW -5 was transporting manure in the bullock -cart in front of the house of accused No. 1, the bullock -cart got stuck in the mud; PW -1 went there to lift the bullock -cart in order to help PW -5; at that juncture, accused No. 1 abused PW -1 in filthy language; accused No. 2 and four others also came there; accused No. 2 assaulted PW -1 with a club on his left elbow joint; PW -2 intervened and she was also assaulted by accused No. 3 with hands; accused Nos. 1 to 4 caught hold of PW -1; all the accused dragged PW 1 and fisted on his back.

(3.) SRI . Venkatesh, learned SPP taking us through the judgment of the Court below submitted that the I Appellate Court is not justified in acquitting accused No. 2, inasmuch as, the material on record amply proves that he was the cause for grievous injury on PW -1 on his left hand.