MANJU ALIAS MANJULI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (hereinafter referred as 'accused No.1') was tried for an offence punishable under section 333 r/w 34 IPC on the allegation that accused No.1 along with absconding accused No.2 had shared common intention and in furtherance of such common intention they assaulted PW1 -Dr.K.Shivakumar in General Hospital at Hiriyur on 11.12.2004 and caused grievous injuries to PW1 and simple injuries to CW4 -Kataiah, who had intervened to save PW1. Accused No.2 was absconding. Therefore, case against accused No.2 was separated. Accused No.1 was convicted for aforstated offence. Therefore, he is before this court.

(2.) I have heard Sri N.Srinivas, learned counsel for accused No.1 and Sri B.Visweswaraiah, learned HCGP for State.

(3.) IT is established from evidence on record that on 11.12.2004 at about 6.30 p.m., PW1 -Dr.K.Shivakumar was the Casualty Medical Officer in General Hospital at Hiriyur and he was on duty in casualty ward. PW1 had treated PW7 - Hemanthkumar, who had suffered injuries due to a fall from a bicycle. Accused 1 and 2 visited General Hospital at Hiriyur and assaulted PW1 by stating that he had not given proper medical treatment to PW7. Accused No.1 fisted right hand of PW1 and banged his head on the face of PW1. When CW4 - Kataiah (not examined before trial court) came to rescue PW1, accused No.2 assaulted him.