RANAJIT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 3rd November 2011 passed by the Principal Sessions Judge, Belgaum, in Sessions Case NO.177/2010 is called in question in these two appeals.

(2.) Criminal Appeal No.2896/2011 is preferred by the appellant/accused No.2 challenging the conviction. Criminal Appeal No.2851/2012 is preferred by the appellant-State on the ground that the sentence imposed by the Trial Court is inadequate and the same requires to be enhanced.

(3.) The brief facts of the prosecution case before the Trial Court are that P.W.5, who is said to be the injured in the case, filed a complaint as per Ex.P.3 alleging that he is residing in the address as mentioned in the complaint. On 25.10.2008 at about 9.30 p.m. the complainant along with his friends P.W.1-Vilas Roopsingh Chavan, P.W.2-Kantu Ramappa Badagi and P.W.3-Basavaraj Gangappa Khot went to Harsha Dhaba near Harugeri Cross to have the dinner. At that time, accused No.1-Kumar Kallappa Kamble, came to the dhaba and called the complainant to come outside. The complainant went outside along with accused No.1 and accused No.1 requested the complainant to order liquor for him for which the complainant refused. Then there was a galata. Then accused No.1 and accused No.2, the appellant herein, one Ramu Raosab and Raju along with 4 to 5 other persons took the complainant to the backside of the said dhaba and abused him in filthy language stating that in the election though he was asked to canvass on behalf of the candidate of their side, he had not listened to their words and stating that they will finish him off, with an intention to commit his murder, appellant/accused No.2, who was holding an iron pipe, tried to assault the complainant on his head and to avoid the blow the complainant raised his hands and he received the blow to the elbow of the left hand. So also, accused No.2 assaulted on the right thigh and other accused assaulted him with hands. The other persons who came along with the complainant to have the dinner came and pacified the quarrel. There was light. The complainant sustained injuries to his left elbow and was fractured. So also he sustained internal injury to his right thigh. On the basis of the said complaint, the case was registered for the alleged offences. After completing the investigation, the Investigating Officer filed the charge-sheet against the accused persons for the alleged offences punishable under Sections 143, 147, 148, 307, 326, 323, 504 read with Section 149 of the Indian Penal Code. To prove its case, the prosecution examined in all 10 witnesses as P.Ws.1 to 11 and got marked 16 documents as Exs.P.1 to P.16 and also the material objects M.O. Nos.1 to 3. On the side of the defence, no witnesses were examined nor any documents were produced. After considering the materials placed on record, ultimately, the Trial Court convicted the present appellant and sentenced him to undergo rigorous imprisonment for a period of one year and also to pay fine of Rs.5,000/- for the offence punishable under Section 326 of IPC and also to pay fine of Rs.1,000/- for the offence under Section 504 of IPC. Being aggrieved by the same, the appellant/accused No.2 is before this Court seeking to set aside the impugned judgment and order of conviction.