STATE Vs. MANIKUMAR

JUDGEMENT

(1.) THE judgment and order of conviction passed by the Principal Sessions Court, Chikmagalur, in S.C. No.139/07 dated 13.07.2009 is called in question in these appeals. By the very judgment, the trial court has convicted the accused for the offence under Section 326 of IPC, though the charge was framed for the offence under Section 307 of IPC.

(2.) THE case of the prosecution in brief is that, accused Nos.1 and 2 are brothers interse; accused No.3 is their friend. Victim is Mr. Shankar, who is a tailor by profession. Certain incident took place on the Independence Day of the year 2007 wherein, there were quarrels between the accused and the victim. So also, it is the case of the prosecution that accused were customers of the victim and since the accused did not pay the amounts due by them to the victim towards stitching charges, there was animosity between them. With that backdrop, all the accused came to the place of incident at 9.30 p.m. on 22.08.2007 at Bilagola village wherein victim was sitting on a motorcycle in front of the shop of PW.1 (Sri S M Hussain); accused No.1 assaulted the victim with the chopper and caused bleeding injuries; accused No.2 assaulted him with iron rod on the mouth due to which four of his incisor teeth were broken; accused No.3 assaulted with the stone on the left eye and on the head of the victim, consequent upon which the victim sustained bleeding injuries.

(3.) THE accused were tried and convicted for the offence under Sections 506, 504 and 326 of IPC. The accused were sentenced to undergo imprisonment for two months in respect of each of the offences and to pay a fine of Rs.10,000/ - for the offences under Section 326 of IPC; all the sentences were ordered to run concurrently.