CHANDRA SHEKARAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the sole accused praying to set-aside the judgment of conviction and order of sentence dtd. 11/10/2012 passed in S.C.No.63/2008 by the District and Sessions Judge, Ramanagara. The appellant - accused has been convicted for the offence under Sec. 325 of the Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC') and sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs.10,000.00 and in default of payment of fine, he shall further undergo simple imprisonment for a period of two months.

(2.) Heard learned counsel for the appellant - accused and learned High Court Government Pleader for the respondent - State.

(3.) Learned counsel for the appellant - accused submits that he will not challenge the judgment of conviction of the appellant - accused for the offence under Sec. 325 of IPC and he submits that he is praying for extending the benefit of provisions of Probation of Offenders Act, 1958 (for short hereinafter referred to as 'P.O. Act'). He further submits that the appellant - accused and PW1 - complainant are cousin brothers. Father of the appellant - accused and father of PW1 - complainant are brothers. He further submits that the alleged incident has taken place with regard to the cow of the deceased (father of PW1 - complainant), poking its head through the barbed fencing in the land of the appellant - accused and eating the crops. He further submits that the alleged assault made by the appellant - accused is by a club, which is not a deadly weapon. He further submits that the assault made by the appellant - accused with club is on the stomach of the deceased and no external injuries were found on the stomach of the deceased. He further submits that the appellant - accused was aged 44 years as on the date of the offence and now, 16 years have been elapsed and he may be aged about 60 years. Learned counsel for the appellant - accused submits that mother of the appellant - accused aged about 85 years is with the appellant - accused and he has to take care of her along with other dependants. He further submits that even the sentence imposed by the Trial Court for the offence under Sec. 325 of IPC is simple imprisonment for a period of six months. He submits that considering all these aspects, the appellant - accused is entitled for the benefit of Sec. 360 of the Criminal Procedure Code, 1973 (for short hereinafter referred to as 'Cr.P.C') and the provision of P.O.Act.