AYANNA Vs. STATE

JUDGEMENT

(1.) The petitioners have filed this Revision Petition under Sec. 391 of Crimial P.C. as they are aggrieved by the judgment of conviction passed by Civil Judge (Sr.Dn.), Arakalagud in C.C.No. 44/2008 (Old No.1325/2007) and the affirmation of the same by the learned Fast Track Court, Arakalagud in CRL.A. No. 47/10. The petitioners have been sentenced to undergo simple imprisonment for a period of 1 1/2 years and to pay a fine of Rs. 5,000/ - each for the offence punishable under Sec. 326 r/w 34, Penal Code and also to pay a fine of Rs. 500/ - each for the offence punishable under Sec. 341 of IPC. The judgment of conviction dated 17.5.2010 is upheld in the appeal tiled under Sec. 374 of Crimial P.C. in Crl.A. No. 47/2010. Hence concurrent findings are called in question in this petition.

(2.) The allegation against these petitioners is that with the common intention of causing grievous hurt to CW.2 -Dinesh examined as PW.2, they assaulted him at 9.30 p.m. on 9.4.2007 in Hampapura village with stone and caused grievous hurt to his left ear which was witnessed by CW. 1 -Lokesh brother of injured who is examined as PW. 1 and Subramanya -CW.3 who is examined as PW.3 respectively before the trial court. Swamy Gowda -CW.4 examined as PW.4 is stated to have persuaded the injured and his brother not to lodge any complaint against the accused assuring them and that he would settle the matter by convening a panchayat at the earliest. The offence is stated to have been committed on 9.4.2007 in Hampapura village at about 9.00 p.m.

(3.) First information was lodged on 18.4.2007 at about 1.00 p.m. and FIR was lodged before the jurisdictional JMFC. PW.5 -D.K. Somashekara and PW.6 -Mallaiah conducted investigation and filed charge -sheet for the aforesaid offences. PW.7 -Dr. Lokesh is the Doctor who treated in Government Hospital. PW. 1 and CW.2 are stated to be eye - witnesses to the incident in question in the charge -sheet.