ATAULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant - accused No. 1 is convicted for offences punishable under Sections 342 and 326 of Indian Penal Code and sentenced to undergo simple imprisonment for three months for the offence under Section 342 I. P. C. and further undergo simple imprisonment for a period of two years and pay fine of Rs. 2,000/- for the offence under Section 326 I. P. C. The Accused No. 2 who had faced the trial is acquitted.

(2.) THE case of the prosecution discloses that PW-1 -victim, was plying the auto belonging to A-1 on hire. There were arrears of Rs. 225/- payable by PW-1 to A-1. On 27. 2. 97 A-l took away the auto from the house of PW-1. Again A-1 and A-2 re-visited the house of PW-1 at 2. 30 p. m. and forcibly took away PW-1 to their shed. He was tied by rope, poured acid on both the hands and was made to be in the shackled state for about two hours. Thereafter release him, PW-1 goes to the house of his brother PW-6. At about 10 p. m. in the night, PW-4 Gangadhar bring PW-1 to his house. On the next day at 9. 00 a. m. , PW-1 was taken to the Victoria Hospital where he was admitted and treated. On account of gangrene, both the hands are amputated. First Information report is registered on 28. 2. 1997 at about 2. 30 p. m. initially for an offence wider Section 324. After amputation of both the hands, a report is sent for inclusion of an offence Under Section 326 I. P. C. The police after completion of the investigation, filed charge-sheet.

(3.) PW-1 the victim has testified the incriminating facts to prove the prosecution case. PW-2 is the wife of PW-1, PW-3 is the younger brother, PW Nos. 4 and 5 are the neighbours, PW-6 is the elder brother. PW Nos. 7, 8, 10, 11, 13 and 14 are police officials. PW-9 and PW-12 are the doctors.