C.H. RAVIKUMAR Vs. KRISHNAKUMAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant and also the learned counsel for the respondent Nos.1 to 3 and the learned High Court Government Pleader for respondent No.4.

(2.) This appeal is filed against reversal of conviction order passed by Appellate Court for offences punishable under Sec. 323, 324, 326 and 504 read with Sec. 34 of Indian Penal Code (hereinafter referred to as IPC).

(3.) The factual matrix of case of prosecution before the Trial Court is that on 1/3/2005 at about 9:30 a.m., in Mahatma Gandhi Government College Kunigal ( a counting center for Grama Panchayath Election for Chottanahalli and other Grama Panchayat) premises the accused persons by sharing common intention have abused P.W.1 in a filthy language and assaulted the P.W.1 and P.W.2 with their hands and accused No.1 has voluntarily assaulted P.W.2 with a stone on his shoulder and accused No.1 voluntarily hit a blow to P.W.1 with a stone on his head and caused nasal bone fracture. Based on the statement of P.W.1, case is registered and investigated the matter and filed the charge sheet against accused No.1 to 3. The accused were secured and they did not plead guilty and hence, they claimed trial and prosecution examined P.W.1 to P.W.14 and also got marked Ex.P.1 to Ex.P.11(b). Accused have not lead any evidence and accused persons were subjected to 313 statement and incriminating circumstances were denied and only portion of Ex.D.1 was marked confronting the same to the prosecution witness and no material objects are marked on behalf of the prosecution. The Trial Court having considered the evidence of witnesses, answered all the points as affirmative in coming to the conclusion that prosecution has proved the case against the accused persons and convicted and sentenced the accused No.1 to 3.