SHANTHAKUMAR, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence ordered by the trial Court for the offence punishable under Sections 307, 326 and 324 IPC on a trial held by the Fast Track Court, Thiptur.

(2.) THE facts reveal that the appellant herein is the husband of P.W.2 -Radha and 3 days prior to the incident she had returned to her parents' house. The appellant to take back his wife, came to the house of his parents -in -law and when he asked his wife to accompany him, she refused. Enraged by the conduct of P.W.2 -Radha, the appellant went to the neighbour's house, brought a sickle and assaulted P.W.2 -Radha, who sustained grievous injury. When P.W.4 -Kariyamma, the mother of P.W.2 intervened, the appellant assaulted on her too with the said sickle, as a result, she also sustained injury. Meanwhile, P.W.1 -Kamala, another daughter -P.W.4 intervened and the appellant assaulted them as well and ultimately, P.W.5 -Murutesh intervened during the assault on P.W.3 -Geeta, the appellant is said to have assaulted him also with the said sickle. In the aforesaid circumstances, a complaint came to be filed by P.W.1 under Ex.P1, which came to be registered for the offence punishable under Sections 324, 504 and 307 IPC in Crime No.23/2010 and the FIR was sent to the Magistrate. The injured was taken to the hospital and treatment was given. Spot -mahazar was held and from the scene of occurrence, M.O.1 -blood stained mud was seized under Ex.P2. Statements of the witnesses were recorded and M.O.6 -sickle was seized at the instance of the accused under Ex.P4. The seized articles were sent to the opinion of the expert and Ex.P13 -FSL report was obtained. After complying the necessary formalities, a charge sheet was filed against the appellant for the offence punishable under Sections 324, 504 and 307 IPC.

(3.) I have heard learned counsel for the appellant and also the learned High Court Government Pleader.