MARUTHI BHIMANNA WADE Vs. STATE

JUDGEMENT

(1.) The Judgment and Order of conviction dated 21.12.2010 passed by the learned Prl. Sessions Judge, Bidar, in S.C.No. 11/2010 is called in question by the appellants in this appeal. By the said judgment, the learned trial Judge convicted the appellants/accused Nos. 1 and 2 for the offences punishable u/Sec.324 r/w 34 of Penal Code and sentenced both the accused for simple imprisonment for a period of six months and to pay fine of Rs. 5,000.00, in default of payment of fine, they shall undergo further simple imprisonment for a period of one month.

(2.) Brief facts of the prosecution case that on 26.12.2008 in the morning hours, complainant Sangappa was returning to his house carrying the fodder bundle on his head. As he was coming in front of the house of the accused, one dog came running and dashed against the bicycle which was parked in front of the house of the accused persons, as the bicycle fell down, the accused persons suspecting that it is the complainant who made the bicycle to fall down and therefore came out of their house and accused No. 1 assaulted the complainant with axe and accused No. 2 assaulted with stick. The accused were intended to commit the murder of complainant. Seeing this incident, one Venkat who is the nephew of the complainant came to the rescue. The accused also assaulted him with the same axe and stick inflicting injuries. It is also the case of the prosecution that one Jhareppa, Arjun and Maruti are the eye-witnesses to the incident. There was a dispute in between the complainant and also the accused persons in respect of the road. On the basis of the said allegations, on the complaint, case has been registered against the accused persons for the offences punishable u/Sec.307, 324 r/w 34 of IPC.

(3.) After conducting and completing the investigation, the Investigating Officer has filed charge-sheet against both the accused persons for the alleged offences.