M MADIAH Vs. STATE OF KARANATAKA

JUDGEMENT

(1.) This revision, is directed against the judgment of the Sessions Judge, Mysore, confirming on appeal the judgment of the JMFC, Chamarajanagar, in a case under Ss..332 and 335 of the IPC, convicting the petitioner-accused and sentencing him to pay a tine of Rs.300 for the offence under S.332 IPC and to pay a line of Rs..100 for the offence under S.355 of the Indian Penal Code.

(2.) The prosecution case was that the petitioner-accused was one of the non-optical members of the Social Welfare Sub-Committee of the Taluk Development Board, Chamarajanagar. The complainant, Shivaiah (PW . 2) the Social Welfare Inspector and Rangegowda (PW. 1) the Block Development Officer, were official members of that Committee. The President of the said Committee was Venkataiah (PW.3) and he was presumably a non-official member of the said Committee. It appears, Rangegowda (P W.1) had deputed Shivaiah (PW.2) to go along with the accused for an inspection of the Girls' Hostel which was being managed by the Committee. This inspection took place on 29-11-1971. According to the accused he detected at that time that the Watchman of the Girls' Hostel was found in a room of the Girls' Hostel and that was objectionable according to him. Shivaiah (PW. 2) however did not find anything objectionable in that conduct of the Watchman. On a subsequent date, i.e., on 20-12-1971 the meeting of the Social Welfare Sub-Committee was called while "Venkataiah (PW.3) presided. Rangegowda, BDO(PW.1), Shivaiah, Social Welfare Inspector (PW. 2) and the accused were present in the meeting. When the affairs of the Girls' Hostel were being discussed, the accused raised the objection that at the time of his inspection on 29-11-1971 the conduct of the Watchman was not found satisfactory. At that time PW.2 Shivaiah (PW.2) objected that the complaint of the accused was incorrect and that no objection could be taken to the conduct of the Watchman. That gave rise to a quarrel between Shivaiah (PW.2) and the accused. The latter abused Shivaiah, gave a fist blow on his mouth and also kicked him with chappals which he was putting on at that time, Rangegowda (PW.1) at that time asked Venkataiah (PW.3), the President to record all that in his minute book which he did and of which the record is Ext.P2. Thereafter Shivaiah (PW.2) filed the FIR, Ext.P1 before the Police. He was medically examined by the Doctor C.Kamalamma (PW.6) and some mark of injury was found over his mouth and tenderness as well as pain were detected on the portion of the thigh where the kicking was administered. All this gave rise to a case under Ss.332 and 355, IPC.

(3.) The petitioner-accused however pleaded not guilty. He denied the incident and did not admit that he at all administered any beating to Shivaiah (PW.2).