H.L. MANJUNATHA Vs. STATE AND ORS.

JUDGEMENT

(1.) This revision under Section 397 r/w Section 401 of Cr.P.C. is directed against the order dated 30.03.2007 in Cri.A. No.58/2005 on the file of the Sessions Judge (Fast Tract Court-II) at Mandya.

(2.) On 10.04.1998 at about 1.30 p.m., when the petitioner-Manjunath was sleeping on the road over the bridge at Shambuganahalli, at B.Hosur village within the jurisdiction of Kergod Police Station, respondent No.2- accused picked up quarrel with him and assaulted with hoe causing grievous injuries. He was shifted to the hospital where his brother-in-law Basavegowda came, made an enquiry with him and lodged a complaint before the Kergod Police Station. The police after investigation filed a charge-sheet against respondent No.2-accused for the offence punishable under Section 326 of IPC in C.C.No.103/1998 on the file of CJM, Mandya. Upon trial, by judgment dated 28.05.2005, respondent No.2-accused was convicted for the offence punishable under Section 326 of IPC and had been sentenced to undergo imprisonment for a period of three years and to pay a fine of Rs.5,000/-.

(3.) Questioning the legality of the order of conviction, the accused preferred Cri.A.No.58/2005 on the file of the Fast Track Court-II, Mandya. Upon merits, by order dated 30.03.2007, the appeal came to be partly allowed. The conviction of the accused under Section 326 of IPC was upheld. The sentence was altered and reduced from three years imprisonment to one day and out of fine amount of Rs.5,000/-, a sum of Rs.2,000/- had been ordered to be paid to the petitioner-the victim of the incident.