ERANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the prosecution in brief is as follows: That on 14.11.2007, at about 7.15 p.m., in front of Jayanna's Military Hotel, when the complainant was talking with the wife of the accused, the accused being enraged, abused him and assaulted him on the vital organs. The complainant sustained severe injuries. Thereafter, he was admitted to the hospital. His statement was recorded and a case was registered against the accused for the offences punishable under Sections-341, 504 and 307 of IPC. Investigation was taken up. The accused was thereafter arrested. A charge-sheet was laid against the accused for the offences punishable under Sections-504 and 307 of IPC. The accused pleaded not guilty and claimed to be tried.

(2.) In order to prove its case, the prosecution in all examined 15 witnesses and marked Exhibits-1 to 19 along with 4 material objects. By the impugned order, the accused was convicted for the offence punishable under Section-326 of IPC and sentenced to undergo simple imprisonment for a period of two years, along with payment of fine of Rs.25,000/- (Rupees Twenty Five Thousand) and in default of payment of fine, to undergo further imprisonment for six months. Aggrieved by the said judgment of conviction and the order of sentence, the present appeal is filed.

(3.) The learned counsel for the appellant contends that trial court misdirected itself in convicting the accused. That when the prosecution has failed to prove the motive to commit the offence, the accused cannot be convicted on other material. That except the injured, the other eye- witnesses have turned hostile. Therefore, the finding recorded by the trial court being erroneous, the impugned order requires to be set-aside.