ANANDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) learned counsel for the petitioners and the learned HCGP for the State are present. Though the matter is listed for admission, the same is taken up for final disposal with the consent of both the parties.

(2.) In this petition, challenging the judgment rendered by the appellate court in Crl. A. No.29/2011 dated 01.03.2016, whereby the appeal came to be allowed in part and extending the benefit of the provision of Probation of Offenders Act and directing each of them to pay compensation of Rs.2,000/- to PW2 is confirmed though the accused have convicted for the offence punishable under Section 323 of IPC and setting aside the judgment in respect of conviction for the rest of the offences punishable under Sections 324, 504 and 506 of IPC, consequently the accused persons were acquitted of the said charges leveled against them.

(3.) The factual matrix of the case are that on 10.05.2009 at about 9.30 p.m., at Manganahalli near the house of CW1, when CWs. 1 to 4 were advising to CW 5 who is their relative to leave bad habits of consuming alcohol and such other habits that have been developed by him and to leave the friendship of bad friends, at that time the accused Nos. 1 and 2 with their common intention of committing the offences assuming that they have been saying against them only, took up altercation and the accused No.1 assaulted CW.1 with hands and accused No.2 kicked CW.2 on her stomach who is the wife of CW 1 and assaulted her with hands. In pursuance of the act of the accused, on filing of the complaint, a crime came to be registered against the accused where accused No.1 assaulted CW1 with means of hands and Accused No.2 who alleged to have kicked CW2 on her stomach who is said to be the 8 months pregnant lady and the wife of the complainant CW1, as a result of which she sustained severe pain and resulting in underwent cesarean and gave birth to a premature baby. The accused has extended life threat toCW1 to CW4 saying as to face the dire consequences. Subsequently, charges against the accused in CC No.3179/2009 have been framed against them and proceeded with case against them for facing the trial. Accordingly, PWs. 1 to 7 have been examined and got marked Exs.P1 to 4 and so also got marked MO-1 seized during the course of investigation.