DEEKAYYA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence passed by the Presiding Officer, Fast Track Court, Puttur, Dakshina Kannada in S.C.No.59/2009 dated 10.03.2010, convicting the accused - appellant herein, for the offences punishable under Sections 504, 326, 307 and 506 of IPC and sentencing him for the offence punishable under Section 307 of IPC to undergo rigorous imprisonment for a period of three years and to pay compensation of Rs. 50,000/- to the victim and in default, to undergo simple imprisonment for a period of one year.

(2.) The factual matrix of this appeal are as under:-

(3.) The said Abbas informed the incident to the house of the victim over phone and brother of the complainant Ramesh came to the spot and took the injured to the Government Hospital, Puttur where the Medical Officer gave first aid treatment and referred the injured to Mahaveera Hospital, Puttur and the injured was an inpatient in that hospital. As the victim demanded Rs.5,000/- which he had paid to the accused, the accused got angry and assaulted the victim by means of a sickle. On the basis of the complaint lodged, a case was registered against the accused and charge sheet was filed for the offences punishable under Sections 504, 326, 307 and 506 of IPC, wherein the accused pleaded not guilty of the charges framed and claims to be tried. In order to prove its case, the prosecution in all examined 12 witnesses as PWs. 1 to 12 and got marked 13 documents as at Exs.P.1 to P.13(a) and material objects as MOs. 1 to Section 313 statement also recorded wherein the accused denied the allegations made against him. The accused did not come forward to adduce the defence evidence.