CHINNAIAH Vs. STATE OF BALUR POLICE

JUDGEMENT

(1.) THE appellant (accused No.1) and accused Nos.2 and 3 were tried for offence punishable under Sections 504 and 307 read with Section 34 IPC. Accused Nos.2 and 3 were also tried for offences punishable under Section 114 IPC. The learned Sessions Judge acquitted accused Nos.2 and 3 of the aforesaid offences and convicted accused No.1 for offences punishable under Section 326 and 504 IPC and sentenced him to undergo simple imprisonment for 3 years with fine of Rs.2,000/ - with default sentence for an offence punishable under Section 326 IPC and sentenced him to undergo simple imprisonment for 2 months for an offence punishable under Section 504 IPC. Therefore, appellant (accused No.1) is before this Court.

(2.) I have heard Sri Dinesh, learned counsel for accused and learned Government Advocate for State.

(3.) THE accused was tried on the allegations that he had assaulted PW2 Satisha with a chopper at 10.00 a.m. on 12.12.2006, near the shop of one Krishna situate in Maliganadu Village, within the jurisdiction of Balur Police Station. The accused had assaulted PW2 with such intention and knowledge that if had caused death of PW2, the accused would have been held guilty of an offence punishable under Section 302 IPC. In the course of same transaction, accused No.1 held out threats to life of PW2. PW2 suffered grievous injuries and he was initially treated in Primary Health Centre in Niduvale and later in District Hospital at Chickmagalur. The prosecution has relied on the following: