SANGANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned Government Pleader.

(2.) The appellants were before the court below in the following circumstances:

(3.) The learned Counsel for the appellants would contend that from the evidence on record, it is not clear as to how the offence punishable under Section 307 IPC stood attracted, where the prosecution had failed to establish that there was a premeditated intention to commit murder and when the assault and the injuries caused were with dead weapons, such as axe, if there was indeed an intention to commit murder, at least some vital parts of the body of PW.12, would have been attacked. Whereas all the injuries are found on the lower limbs of the victim. Hence, it could at best be an offence punishable under Section 324 IPC and the injuries could not be described as grievous injuries.