STATE Vs. SHRIDHAR POOJARY

JUDGEMENT

(1.) This appeal is preferred by the State being aggrieved by the judgment and order dated 02.06.2012 in Crl.A.No.296/2009 passed by the III Additional District and Sessions Judge, Dakshina Kannada, Mangalore partly allowing the above Criminal Appeal filed by the respondents setting-aside the sentence of imprisonment in respect of each offences awarded by the trail Court and extending the benefit of probation under Sections 3 and 4 of Probation of Offenders Act, 1958 read with Section 360 of Cr.P.C and ordering the release of respondents.

(2.) Brief facts of the prosecution case are that the Sub-Inspector of Police, Bantwal Rural Police Station submitted charge-sheet against the respondents for the offences punishable under Sections 504, 324, 326 and 506 read with Section 34 of IPC on the investigation of Crime No.217 of 2005. The facts of the case are that on 13.11.2005 at about 3:30 p.m., the respondents in furtherance of their common intention to commit the offence holding deadly weapons like club and cricket bat, abused CW.1 in filthy language. Accused no.2 abused CW.3 and accused no.3 abused CW.2 by using filthy language and assaulted CWs.1 and 2 with the deadly weapons and caused bleeding injuries on them.

(3.) It is further alleged that accused no.1 caused injuries on CW.1 on his right side of the head and left chest. Accused no.2 caused injuries to CW.1 on his left side of the head and left leg. Further, accused no.3 assaulted CW.2 on her right hand and forefinger. Due to which, she sustained grievous injuries. Further, they threatened the life of CW.1. Accordingly, FIR came to be registered for the said offences.