GUDUDAPPA MEGALAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The convict No.1 in S.C. No.5051/2015 on the file of the III Addl. District and Sessions Judge, Ballari (Sitting at Hosapete) (hereinafter referred to as 'the trial Court' for short) has filed this appeal challenging the judgment of conviction dtd. 12/8/2016 and order of sentence dtd. 19/8/2016 by which, he was convicted for offences punishable under Ss. 307 , 325 , 504 , 506 read with Sec. 34 of the Indian Penal Code, 1860 (for short ' IPC ') and sentenced to imprisonment for five years with fine of Rs.1,000.00 for offence punishable under Sec. 307 , three years imprisonment with fine of Rs.500.00 for offence punishable under Sec. 325 , one year imprisonment for offence punishable under Sec. 504 of IPC and one year imprisonment for offence punishable under Sec. 506 of IPC.

(2.) The case of the prosecution was that on 22/3/2015 at 12:00 noon the accused No.1 was summoned for a panchayath. One Mr.Anjappa questioned the accused No.1 as to why he had attempted to break open the lock of his shop. At that juncture, the injured victim advised accused No.1 to give up such acts and lead a dignified life. The accused No.1 infuriated by this pinned the victim to the ground and squeezed his neck. People at the panchayath tried to pull away the accused No.1 but he tried to strangulate the victim and threatened the people there if they tried to intervene. The people assembled there apprehending that the accused No.1 might kill the victim, intervened and saved him. In the process, the accused No.1 bit the right hand of the victim and ran away. Thereafter, the people gathered there, chased him and caught him and produced him before the Huvinahadagali Police Station. CW.1 gave information in writing about the incident, consequent to which, the respondent-Police registered case in Crime No.18/2015 for offences punishable under Ss. 506 , 34 , 504 , 307 and 325 of IPC. The respondent-Police visited the spot of the crime, conducted Mahazar and recorded the statements of CW.15 and CW.16. The victim-CW.2 was sent for examination by a Doctor-CW.17. The statement of eyewitnesses namely CWs.1, 3, 4 and 6 were recorded. The statement of CW.14 who was the owner of the shop was also recorded. After collecting all the required documents and materials, the respondent-Police laid a charge sheet for offences punishable under Ss. 307 , 325 , 504 , 506 read with Sec. 34 of IPC. Copies of the charge sheet were furnished to the accused. After committal of the case, the trial Court perused the material on record, framed charges for offences punishable under Ss. 307 , 325 , 504 , 506 read with Sec. 34 of IPC. The accused denied the charges and claimed to be tried.

(3.) In support of the prosecution, they examined PW.1 to PW.11 and marked Exs.P.1 to P.6. The incriminating evidence found in the deposition of PWs.1 to 11 was read over to the accused as prescribed under Sec. 313 of Cr.P.C. The accused denied the circumstance and the evidence against them. However, they did not lead any evidence on their behalf.