STATE OF KARNATAKA Vs. D S PRABHAKAR BHATTA

JUDGEMENT

(1.) This appeal is preferred under Section 377, Cr. P.C. and Section 11 of the Probation of Offenders Act questioning the legality of the order of the learned Sessions Judge, Chickmagalur dt. 2-5-90 passed in S. C. No. 19/87 extending the benefit of the provisions of Section 4 of the Probation of Offenders Act to first accused-respondent.

(2.) Respondent and two others were tried for offences punishable under Sections 341, 307 r/w 34 IPC. Section 324 r/w 34 IPC and section 323 r/w. 34 I.P.C. The case of the prosecution is that, A.1-respondent was the servant of A.3 and A.2 is the son of A.3 and the respondent was residing with A. 2 and A. 3. There was some dispute between injured P.Ws. 1 and 2 and accused 2 and 3 as A. 3 had to reach their land through the land of P.Ws. 1 and 2.

(3.) According to the prosecution, on 3-5-86 at about 6.30 p.m., P.Ws. 1 and 2 had gone in search of their missing cow near the garden of A.3. A.1 to A.3 wrongfully restrained them by abusing them in filthy language and at the instigation of A.2 and A.3, A.1 stabbed P.W. 2 on his abdomen and thigh. When P.W. 1 attempted to rescue his brother P.W. 2, A.1 stabbed him and caused grievous injuries.