SANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment of conviction and sentence passed in Sessions Case No.76/2008 dated 06.07.2009 by the Sessions Judge, Bagalkot in sentencing the accused/appellants for the offences punishable under Sections 326 and r/w Section 34 of Indian Penal Code, 1860 (hereinafter referred to as I.P.C. for brevity) sentencing the accused Nos.1 and 2 to undergo rigorous imprisonment for a period of five years and also to a pay fine of Rs.2,000/ - each with a default of payment of fine to undergo simple imprisonment with one month.

(2.) THE brief factual aspects that emanate from the records are that, a person by name Siddappa Walikar who is resident of Sangapur, Bagalkot District lodged a complaint on 26.09.2008 stating that about 7 years prior to the incident, he had been to the land of Sangappa @ hugar and helped the wife of the said Sangappa in lifting and putting the gross bundle on her head. This was misunderstood by Sangappa s elder brother s son by name Murulesh Hulyal @ Hugar and told the same to the said Sangappa and in fact the said Sangappa quarreled with this particular person at that particular point of time. After 7 years, it appears the accused came back to the said village. For scaring previous grudge it is alleged that on 26.09.2008, at about 3.00 p.m. when the complainant was coming from his land when he came near the main road, at that time the accused No.1 Sangappa caught hold this man and started quarrelling with him. He has also called 2nd accused Murulesh to bring a knife and accordingly, accused No.2 brought a knife and gave it to accused No.1, who assaulted the complainant with the said knife on complainant s eyes and in that context the accused No.2 - appellant No.2 has helped accused No.1 appellant No.1. It is also alleged that accused No.3 Beerappa Dyamanna Hulyal and accused No.4 Giriyawwa W/o. Shankarappa Hulyal have also assaulted this complainant. It is specifically stated that when he fell down the accused No.3 Beerappa Hulyal has assaulted this man on the left side of his chest with a stone by causing severe injuries. On the above allegations, after due investigation police have submitted a charge sheet.

(3.) THE learned Sessions Judge while narrating the facts, described that accused No.1 has assaulted the complainant with knife, accused No.3 has assaulted the complainant with stone and accused Nos.2 and 4 have assaulted the complainant with their hands. Thereafter, the learned Sessions Judge has framed charges against the accused persons for the offences punishable under Sections 326 and 307 of I.P.C. The prosecution in order to bring home the guilt of accused persons has examined as many as 15 witnesses as P.Ws.1 to 15 and got marked Exs.P -1 to P - 16 and three material objects as M.O. Nos.1 to 3 and one certified copy of the judgment passed in C.C. No.591/2002 as Ex.D -1.