BHUJANG BABU CHOUGALE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed under Section 397 of Cr.P.C. challenging the judgment of conviction passed in C.C.No.1058/2006 dated 13.07.2007 on the file of the JMFC-II Court, Belagavi convicting the accused No.1 for the offences punishable under Sections 143, 148, 323, 326, 324, 427, 504, 506 read with Section 149 of IPC and also challenging the judgment of confirming the judgment of conviction passed against this revision petitioner in Crl.Apl.No.156/2007 and the sentence imposed by the Court below in respect of this revision petitioner for two years and also a fine of Rs.5,000/- in respect of offence punishable under Section 326 of IPC and also convicting this revision petitioner for the offence under Section 143 of IPC and imposing a fie of Rs.500/- and also for the offence under Section 148 of IPC sentenced to undergo simple imprisonment of four months and to pay a fine of Rs.500/- and for the offence under Section 323 of IPC to pay a fine of Rs.500/- and for the offence under Section 427 of IPC imposing a fine of Rs.500/- and for the offence under Section 504 of IPC a fine of Rs.500/- and also for the offence under Section 506 to pay a fine of Rs.500/- and in the appeal, the first appellate Court allowed the appeal in part insofar as to the accused Nos.2 to 6 imposed fine.

(2.) The factual matrix of the case is that one Tavanappa Bharamanna Majgaonkar of Mache village filed a complaint alleging that on 3.5.2006 at about 11.00 p.m. when the complainant was in his house along with his family members, at that time, Shivaji Jayanthi procession was moving in front of his house, so the complainant was standing in front of his house and the petitioner was also present in the said procession and after seeing the complainant, the present petitioner abused him in filthy and vulgar languages and tried to assault the complainant with sword, when the complainant raises his hand, the blow fell on his little finger of the right hand and the complainant sustained bleeding injuries. The other allegation is that the other accused persons assaulted the other persons. Thereafter, the complainant filed a complaint before the Police and after the investigation, the police filed charge sheet. The Court below after recording the evidence of PW1 to 12 and documents at Exs.P1 to P7 and also the material objects MOs 1 to 6, convicted this petitioner and also other accused persons. Being aggrieved by the judgment of the conviction, Crl.A. No.156/2007 is filed and the first appellate Court insofar as to this petitioner is concerned confirmed the judgment of conviction and sentence.

(3.) Being aggrieved by the judgment of conviction and confirmation, the present revision petition is filed contending that the judgment of conviction is one sided and both the Courts below have not considered the fact that there is case and counter case and did not take into consideration that there was long standing civil dispute between the parties. The other contention is that the police did not cite any other witnesses those who were present along with the procession and recorded the statements of the interested witnesses even though the incident was taken place when the Shivaji Jayanthi was taken place and also did not take note of the fact that PW1 has sustained injuries to his little finger and also failed to take note of the fact that PW3 and 4 having a criminal back ground and given much importance to the case of the prosecution and the very entire approach of the Court below is erroneous.