STATE Vs. CDHANDRASHEKAR

JUDGEMENT

(1.) The judgment and order dated 30.11.2010 passed by the 5th Fast Track Court at Madhugiri, in S.C. No.84/2009, is the subject matter of this appeal filed by the State praying for enhancement of sentence.

(2.) Case of the prosecution in brief is that Narasappa (P.W.1) lodged the complaint on 7.1.2009 alleging that there was dispute between the accused and the complainant/injured in respect of the agricultural land; both of them are of the same village; the accused with an intention to commit the murder of the complainant came near the complainant armed with the sharp cutting sickle (M.O.1) at about 5.30 p.m. on 7.1.2009 while the injured was going to his house from his agricultural land; thereafter, the accused tried to assault on the neck of the injured with the sharp cutting weapon (M.O.1), but the injured (complainant) avoided such blow consequent upon which the left fore arm of the complainant is amputed in the said incident; immediately after the incident, the victim was taken to the Primary Health Center, Dodderi, Tumkur District, wherein he was given the first aid treatment; the doctor (P.W.6) treated the injured and thereafter, the injured was sent to the Higher Medical Center i.e, the District Hospital at Tumkur. Ex.P.5 is the wound certificate issued by the doctor (P.W.6). The complaint came to be lodged by the injured (P.W.1) as per Ex.P.1 at 7.30 p.m. on 7.1.2009 which came to be registered in Crime No.3/2009 for the offences punishable under Sections 341, 504, 307 of IPC by the Sub Inspector of Police of Kadagathur Police Station. The police after investigation laid the charge sheet against the accused for the aforementioned offences.

(3.) In order to prove its case, the prosecution in all has examined 6 witnesses and got marked 5 exhibits and 1 material object. On behalf of the defence no evidence was recorded. The trial Court, on evaluation of the material on record as aforementioned, convicted the accused for the offences punishable under Sections 326 and 504 of IPC and sentenced him to undergo imprisonment of four months and three months respectively apart from sentencing him with fine.