VENKATESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the sole accused praying to set aside the judgment of conviction and order on sentence dtd. 23/4/2012 passed in S.C. No. 735/2011 by the Additional Sessions Judge and Presiding Officer, Fast Track Court - 12, Bengaluru. The appellant - accused has been sentenced to undergo rigorous imprisonment for a period of 7 years and to pay fine of Rs.10,000.00 and in default to undergo rigorous imprisonment for a period of 1 year.

(2.) Factual matrix of the case is that P.W.4 - Smt. Lakshmamma has filed a complaint - Ex.P.4 stating that on 10/3/2011, at about 02.30 pm, when she was washing clothes in front of her house, her neighbor - appellant - accused came to her house and threw stones on the sheets of her house, caused damage and claimed that the said house belongs to him and she has to vacate the same. Further, he took knife and caused cut injury to her neck and at that time one Kulli - sister of appellant - accused was also present at the spot and she did not stop the appellant - accused. She immediately went to the Police Station and the Police took her to the Hospital and she took treatment. The Police after investigation filed charge sheet against the appellant - accused for offence under Sec. 307 of IPC. Case came to be committed to the Sessions Court. The Sessions Court framed charge against the appellant - accused for offence under Sec. 307 of IPC. In order to prove the charge the prosecution has examined 9 witnesses as P.W.1 to P.W.9 and got marked Ex.P.1 to Ex.P.13 and material objects as M.O.1 to M.O.3. Learned Sessions Judge after hearing arguments formulated points for consideration and passed the impugned judgment convicting the appellant - accused for offence under Sec. 307 of IPC. Said judgment of conviction and order on sentence has been challenged in this appeal.

(3.) Heard learned counsel for appellant - accused and learned HCGP for respondent - State.