ASHRAFF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant was convicted by the Fast Track Court, Puttur, Dakshina Kannada District (henceforth for brevity referred to as "trial Court") for the offences punishable under Sections 448 and 307 of the Indian Penal Code, 1860 (henceforth for brevity referred to as "IPC"). He has been sentenced to undergo simple imprisonment for three years and also to pay compensation of Rs. 50,000/- to the victims for the offence punishable under Section 307 of IPC by the trial Court. Being aggrieved by the said judgment of conviction and the order of sentence, the accused as an appellant has preferred this appeal.

(2.) The summary of the case of the prosecution is that, on 05.08.2009, at about 8.15 pm., at a place called Berike of Ithur village, Sunkadakatte, within the limits of the complainant's police station, the accused, on the grudge that CW2 Fathima was not given to him in marriage by her parents, had criminally trespassed into the house of the said CW2 Fathima, wherein, she was living with her parents, brother and sister-in-law, with a Talwar with which the accused was armed with at that time, assaulted CWs.1 to 4, causing them severe injuries and attempted to commit the murder of CW2 and after assaulting those persons who were in the house, the accused fled away from the scene. In that regard, CW2 Fathima, has registered a complaint with the respondent police. The respondent police, after completing the investigation, filed the charge sheet against the accused for the offences punishable under Sections 448 and 307 of IPC. Charges were framed against the accused for those offences. Since the accused pleaded not guilty, came to be tried.

(3.) In order to prove the guilt against the accused, the complainant examined thirteen witnesses as PWs.1 to 13 from her side and got marked documents as Exs.P-1 to P-20(a) and material objects at MOs.1 to 5. From the accused side, though no witness was examined, a portion of the statement of PWs.2 and 3 were marked as Exs.D1 and D2 respectively. After hearing both side, the trial Court by its impugned judgment of conviction dated 20.03.2010, convicted the accused for the offences punishable under Sections 448 and 307 of IPC and sentenced him only for the offence punishable under Section 307 of IPC, as observed above.