SHIVARAJU S/O AMASEMADAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence passed by the Principal District & Sessions Judge, Mysore, in S.C.No.176/2009 dated 4.8.2010 convicting Accused Nos.1 to 3 for the offence punishable under Section 324 read with 34 IPC and sentencing them to undergo simple imprisonment for a period of three years and to pay a fine of Rs.2, 000/- each and in default, to undergo simple imprisonment of three months.

(2.) The factual matrix of the appeal is as under: PW-1 Varadaraju said to be the injured had given a complaint before the police alleging that on 31.10.2008 at about 5.00 p.m., the accused persons had picked up a quarrel with his mother. On the same day at about 8.00 p.m., that when he went with his mother and questioned the accused as to why they had picked up a quarrel with his mother, an altercation broke out between the two sides. Accused No.3 is said to have assaulted the complainant with a knife on the back of his neck and accused no.1 is said to have assaulted with a knife on his neck, right cheek and also near the left eyebrow and accused no.4 had attacked the complainant using his hands threatening to take away his life. The said incident was witnessed by his cousins Gajendra and Rajendra who pacified both sides and later took the complainant to T. Narasipura Government Hospital for treatment. Then, a complaint came to be filed by the complainant with the police, who registered a case against the accused and on conducting investigation, filed a charge-sheet against all the accused persons for the alleged offences under Sections 504, 341, 323, 324 read with Section 34 IPC.

(3.) In order to establish the guilt of the accused, the prosecution in all examined witnesses PW-1 to PW-10 and marked several documents as Exhibits P-1 to P-8. Exhibit D1 was also got marked apart from MO-1 to MO-4. Subsequent to recording incriminating statement under Section 313 Cr.P.C., the court below after hearing the arguments advanced by the prosecution and the defence counsel and on appreciating the entire evidence on record, passed an order acquitting Accused No.4 but convicting Accused Nos.1 to 3 / appellants herein, for offences under Section 324 read with Section 34 IPC. It is this judgment which is under challenge in the present appeal.