SYED LATHIF AND ORS. Vs. STATE

JUDGEMENT

(1.) THE petitioners have challenged their conviction and sentence for the offence punishable under Section 326 of IPC passed by the JMFC at H.D. Kote.

(2.) THE facts reveal that on 26.03.2003 when the complainant PW1 -Nanjundaswamy was grazing his livestock in one part of the tank bed of Haropura Village, at that time A1 who had planted banana saplings by encroaching the other part of the tank bed, objected for the said grazing. A2 son of A1 was also present at that time. PW1 told that he would take away livestock. There was a quarrel between PW1 and accused No. 1. In those circumstances accused No. 2 brought club and A1 abetted A2 to bring iron plank from the house of Chandsab and asked him to hit with it and accordingly A2 brought the iron plank and hit on the leg of the PW1, who sustained grievous injuries. PW4 who came there rushed to the spot and along with PW2, brought PW1 to H.D Kote Hospital. PW1 was treated by PW7 and for higher treatment PW1 was referred to the K.R. Hospital, Mysore. When PW1 was in H.D. Kote hospital, received medical memo from the hospital and PW6 proceeded to the Hospital, recorded the first information in presence of Doctor and registered the case. He prepared the mahazar in presence of PWs. 2, 3 and CW4, recorded the statement of PW2 and collected Medical certificate Ex. P4 and Ex. P7 wound certificate. On the completion of investigation, charge sheet was filed for the offence punishable under Section 326 of IPC.

(3.) HEARD the learned counsel appearing for the petitioner and the Government pleader appearing for the respondent.