MAHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been filed by the appellant/accused No.1 being aggrieved by the judgment of conviction and order of sentence passed by the Court of Fast Track II, Koppal in S.C.No.2/2009 dated 16.04.2010.

(2.) I have heard the learned counsel for the appellant/accused No.1 and also the learned HCGP for respondent-State.

(3.) The genesis of the case of the prosecution is that, towards the northern side of National Highway No.63 at Talakal Village, there is a way leading to Veerapur village. By the side of the said way, complainant and accused were having their lands. In respect of the right of preemption there was some dispute. On 21.07.2007 at about 9.00 am, when the complainant and other witnesses went to their land, at that time they found that the accused had put up the thorny bush on the said way. They removed the same and entered their land. At that time, accused came there and picked up a quarrel with them. The accused used filthy language and assaulted CW3 with their hands and asked them why they have removed the thorny bush which was put on the fencing. By that time, CWs.1, 3 and 4 told that in future they will not remove the thorny fencing. Accused No.1 again used filthy language and told that he will not leave them and went towards his house. At that time, he also told that if anybody removed the said fence, he will kill them. Thereafter he brought an axe from his house and was waiting by the side of the road. Thereafter at about 11.00 am CW2 came there and he tried to enter the land by removing the thorny fencing. At that time, accused No.1 assaulted him with an axe on his head and left side of the ear. Immediately he lost conscious and fell down. The blood was oozing from the injuries. By that time, C.Ws.1, 3 and 4, who were working in the said land, came there and tried to pacify the quarrel. In the meanwhile, accused No.1 assaulted C.W.3 with the same axe upon his left hand and he sustained fracture to his hand. Thereafter, he again assaulted C.W.3 and thereby C.W.3 sustained grievous injuries. The accused threw the axe at C.Ws.1 and 4, and told that if they did not leave the place he would finish them and thereby the accused gave threat to their lives and other witnesses. Accused No.2, who is the mother of accused No.1 provoked accused No.1 to assault C.W.2 and C.W.3. The accused thought that C.W.2 might have died. Hence, they went away from that place and thereafter accused No.1 kept the said axe in a ditch of his land. They brought the injured to the Hospital at Kukanoor and then they were shifted to KIMS Hospital, Hubli.. On the basis of the said complaint, a case was registered.