HAJARESAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is preferred by the petitioner/accused under Section 397(1) r/w 401 of the Cr.P.C., praying the Court to set aside the order passed by the Sessions Court, Haveri in Criminal Appeal No.15/2005, dated 13.08.2010 and also to set aside the judgment and sentence passed by the J.M.F.C., Haveri in C.C.No.20/2004 dated 25.01.2005.

(2.) Brief facts of the prosecution case that PW1 lodged the complaint in this case, wherein he has alleged that on 05.11.2002 at about 5.20 p.m., in Haveri Town on the road leading towards Fish Market and Pendar Street of Anganawadi, the accused and one Akbar were quarrelling by exchanging words. Complainant Chamansab gone to pacify the quarrel, at that time accused enraged against the complainant and assaulted by means of hand and abused him in filthy language with an intention to insult him and gave provocation to the said Chamansab, who bit the left ear of the complainant by his teeth, thereby caused the grievous injury. Immediately, the complainant was taken to the hospital with the help of his brother-PW4 and thereafter he lodged the complaint before the police, on the basis of which case came to be registered for the offences punishable under Sections 323, 326 and 504 of I.P.C.

(3.) Thereafter, after investigation the Investigating Officer filed the charge sheet against the petitioner/accused for the offences punishable under Sections 323, 326 and 504 of I.P.C. To prove its case, prosecution in all examined 7 witnesses and got marked documents Exs.P1 to P8, so also got marked M.O.No.1 and closed its side. On the side of the defence, no witnesses examined nor any documents were produced before the trial court.