ANANTHARAME GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 29.08.2009 passed by the Additional Sessions Court, Chikmagalur in S.C. No. 22/2007 is called in question in these appeals by the convicted accused. By the said judgment, the Trial Court has convicted the accused for the offences punishable under Sections 326 & 324 of Indian Penal Code and sentenced him to undergo imprisonment for a period of one year for both the offences and ordered that both sentences shall run concurrently.

(2.) CRL . A. No. 793/2009 is filed by the convicted -accused seeking acquittal, whereas Crl. A. No. 215/2010 is filed by the State praying for enhancement of sentence.

(3.) THE case of the prosecution in brief is that there is a civil dispute with regard to agricultural land in between the injured Puttegowda (P.W. 2) and the accused; when P.W. 2 was cultivating the disputed land bearing Sy. No. 66 measuring 4 acres of Karkehal Village at 4.00 p.m. on 28.06.2006, the accused came there and abused P.W. 2 in filthy language; he assaulted P.W. 2 with a sickle and club and caused multiple injuries; immediately, P.W. 2 was shifted to M.G. Hospital, Chikmagalur. P.W. 1 (Siddegowda), the son of injured P.W. 2 lodged a complaint before Sakharayapatna Police Station against the accused, which came to be registered in Crime No. 81/2006. The Investigating Officer laid the charge sheet against the accused for the offences punishable under Sections 307, 324, 326 & 504 of Indian Penal Code.