BELLEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS criminal revision petition is preferred under Section 397 r/w 401 of Cr.P.C. to set -aside the order dated 6.11.2009 in C.C. No. 277/2008 on the file of Civil Judge (Jr. Dn.) & JMFC, Gundlupet and to set -aside the order dated 12.1.2011 in Crl.A. No. 35/2009 on the file of District & Sessions Judge, Chamarajanagar. The revision petitioners were accused Nos. 1 and 2 before the Magistrate in C.C. No. 277/2008. The case of the prosecution is that on 31.10.2007 at about 10.00 a.m., there was quarrel in the land of P.W. -2 Neelamma in respect of grazing of cattles in their land. On the same day, at about 4.00 p.m., accused Nos. 1 and 2 with their common intention came to the house of the complainant P.W. -1 Puttamaramma and started quarrelling with the complainant as well as her daughter P.W. -2 -Neelamma. Accused No. 1 Bellegowda assaulted the complainant P.W. -1 on her left hand with hind side of the chopper and thereby caused the fracture. He slapped P.W. -2 the daughter of the complainant and accused No. 2 also assaulted P.W. -2. At that time, one Raja -P.W. -3 came to the spot and pacified them and took the injured to Government hospital, where upon taking x -ray, the fracture was confirmed. P.W. -1 lodged the complaint against both the accused. On the basis of complaint, P.W. -6 Basavanna -Station House Officer registered the case, visited the spot and conducted the spot mahazar as per Ex -P2 seized the chopper with which accused No. 1 assaulted P.W. -2 and after recording the statement of other witnesses, charge -sheet came to be filed against both the accused Bellegowda and Smt. Nagamma, W/o. Bellegowda for the offences punishable under Sections 323, 326 r/w 34 of IPC. The accused having denied the charges levelled against them, the prosecution led the evidence, examined as many as nine witnesses as P.W. -1 to P.W. -9 and marked Exs -P1 to P6 apart from M.O.1 -Chopper. The learned Magistrate upon hearing the Prosecutor and the defence counsel and on appreciation of the evidence placed on record found both the accused guilty for the offences punishable under Sections 323, 326 r/w 34 of IPC and thereby he convicted both the accused for the aforesaid offences and sentenced them to undergo simple imprisonment for six months for the offences punishable under Section 323 of IPC and two years for the offence punishable under Section 326 of IPC by order dated 6.11.2009.

(2.) AGGRIEVED by the judgment of conviction and sentence, the accused preferred Crl.A. No. 35/2009 before the Sessions Judge, Chamarajanagar. The learned Sessions Judge upon hearing the arguments and upon appreciation of the evidence has confirmed the conviction of accused No. 1 and set -aside the order of conviction of accused No. 2. The learned Sessions Judge in modification of the sentence passed by the Magistrate has ordered accused No. 1 to undergo simple imprisonment for three months and to pay fine of Rs. 5,000/ - and in default to undergo simple imprisonment for two months for the offence punishable under Section 326 of IPC. Questioning the legality and correctness of the order of conviction and sentence passed by the learned Sessions Judge, this revision petition is preferred by accused No. 1.