GANAPATI DATTATRAYYA HEGDE Vs. SHIVARAM PARAMESHWAR HEGDE

JUDGEMENT

(1.) The case of the prosecution is that the original house of the complainant is in Kadatoka village, Honnavar taluk, Karwar District. Due to the harassment of his senior uncle-Shivaram Parameshwar Hegde, his father had purchased a land in Mogalkeri and had constructed a house therein. The father of the complainant and brothers, effected a partition of the ancestral agricultural properties. On 09.12.2008 in the morning, the complainant along with Ishwar had visited Kadatoka-Jadigadde for cutting areca nut and when they were in the garden, they heard a loud voice near the house of Shivaram. They went there and found that Shivaram Hegde, Gajanan Hegde and Suhasini Hegde were assaulting Ramachandra Hegde and also abusing Ramachandra in a filthy language and were threatening him. Shivaram Hegde asaulted Ramachandra with a stick on his head. When the complainant and Ishwar tried to pacify the quarrel, Gajanan Hegde tried to assault the complainant on his head with a stick. In the process, the complainant sustained an injury to his right shoulder. Ramachandra sustained an injury on the head and became unconscious. The younger brother of the complainant - Satish, came there and pacified them.

(2.) On receipt of the complaint, the police registered a case in Crime No. 292 of 2008 for the offences punishable under Sections 307, 326 and 504 read with Sec. 34 of the Indian Penal Code (the 'IPC' for short). Investigation was taken up. The charge-sheet was filed. The accused pleaded not guilty.

(3.) On trial, accused No. 3 was acquitted of the offences punishable under Sections 307, 326 and 504 read with Sec. 34 of IPC. Accused Nos. 1 and 2 were convicted for the offence punishable under Sec. 326 of IPC. Since the accused was in custody for a period of 10 days, a sentence was imposed for the period of detention already undergone and was directed to pay a fine of Rs. 2,000.00 for the offence punishable under Sec. 326. Accused No. 2 was sentenced to pay a fine of Rs. 4,000.00 and was sentenced to undergo simple imprisonment for a day, namely till the rising of the Court.