H.P. KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order dated 21.3.2009 passed by the Principal Sessions Court, Hassan, in SC. No. 195/2006, is called in question in this appeal by the convicted accused. By the impugned judgment, the appellant -Krishna (original accused No. 1) is convicted for the offences punishable under Sections 323 and 324 of IPC and sentenced to undergo imprisonment for three years.

(2.) CASE of the prosecution in brief is that at about 8.30 p.m. on 22.12.2004, when PW. 1 Jayalakshmi was standing near bore -well situated at Bus Stand of Hiredanahally Village, Accused No. 1 came to the said spot and asked PW. 1 as to why she performed the marriage of her daughter Damayanthi @ Chitra with a JCB Cleaner by name Puttanna, without informing him (accused No. 1); so saying accused No. 1 picked up a stone which was lying on the spot and assaulted on the left side of head of PW. 1; consequently, PW. 1 sustained certain bleeding injury; at that point of time accused No. 2 came to the spot and assaulted PW. 1 -Jayalakshmi with her hands; PWs. 5 and 2. came and pacified the quarrel; thereafter, PW. 1 -Jayalakshmi was shifted to Sakaleshpura Government Hospital wherein she took treatment. The first information was lodged by PW. 1 -injured at about 12.00 midnight intervening between 22.12.2004 and 23.12.2004 in C.F. Hospital, Sakaleshpura before the Head Constable (PW. 6). The said Head Constable recorded the first information provided by PW. 1 and registered Crime No. 172/2004 of Sakaleshpura Police Station. Ultimately, the charge sheet came to be fled against both the accused for the offences punishable under Sections 323 and 324 of IPC.

(3.) SRI R.V. Anand, learned counsel appearing for the appellant taking us through the material on record submits that the Court below is not justified in convicting accused No. 1 -appellant herein for the offence punishable under Section 323 of IPC; the offence is trivial in nature, inasmuch as the same has taken place during altercation of family members; PW. 1 -injured is close relative of accused No. 1; since accused No. 1 had performed the marriage of Damayanthi @ Chitra, with Mr. Puttanna, the PW. 1 questioned the accused No. 1 in that regard and in a heat of passion, the incident has taken place.