STATE OF KARNATAKA Vs. PHILIP

JUDGEMENT

(1.) THE judgment and order dated 18.09.2010 passed by the III Additional Sessions Court, Mysore, in S.C.No.99/2009 is the subject matter of these two appeals. By the impugned judgment, the Trial Court convicted accused Nos.2 and 3 for the offence under Section 326 of IPC and sentenced them to undergo imprisonment for one month and seven days and to pay a fine of Rs. 3,000/ - each. Default clause is also ordered. Crl.A.No.29/2011 is filed by the State praying for enhancement of sentence. Whereas Crl.A.No.39/2011 is filed by the convicted accused Nos.2 and 3 praying for their acquittal.

(2.) THE case of the prosecution in brief is that there was ill -will between the accused and the complainant -Chowrappa; one Sunil, S/o Joseph, who had love affair with the daughter of PW.1 refused to marry the said girl after having intercourse with her; in that regard, a criminal case was filed against the said Sunil; it seems the accused were pacifying the complainant by telling that they would see the said Sunil marries the daughter of PW.1; with this background, the incident has taken place. At 8.00 p.m. on 06.12.2008, when PW.1 and his wife (PW.2) were sitting in front of their house talking with each other, accused Nos.2 and 4 went there; they were of the apprehension that PWs.1 and 2 were talking ill about accused Nos.2 and 4; consequently accused Nos.2 and 4 picked up a quarrel with PWs.1 and 2; other accused also came to the spot; accused No.3 instigated other accused; other accused assaulted PWs.1 and 2 and consequently accused No.1 -Anil assaulted complainant with knife which caused certain injuries on his nose; accused No.2 assaulted PW.1 with firewood; accused Nos.4 and 5 assaulted PWs.1 and 2 with hands. It is alleged that all the accused tried to murder PWs.1 and 2, more particularly PW.1. Immediately after the incident, PWs.1 and 2 were taken to Hunsur Government Hospital for treatment, wherein the statement of PW.1 was recorded by the Sub -Inspector of Police of Hunsur Rural Police Station as per Ex.P1, based on which Crime No.251/2008 was registered. PW.11 investigated the crime and laid the charge -sheet for the offence under Section 307 r/w Section 149 of IPC and for other offences.

(3.) FOR proving its case, the prosecution in all examined 11 witnesses, got marked 12 exhibits and 13 material objects. On behalf of defence, no witness is examined.