HASSAN SAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above revision petition is directed against the judgement and order dated 22-7-1988 in Criminal Appeal No. 55/83, passed by the Principal Sessions Judge, Shimoga, confirming the conviction of the appellant and modifying the sentence by reducing the sentence of R.I. of three years to two years passed by the Munsiff, and J.M.F.C. Thirthahalli, in C.C. No. 161/1983 dated 11-11-1983.

(2.) The facts of the cast in brief are that the accused and the complainant were friends. On the date of occurrence i.e., 2-5-1983 at about 3.30 p.m. complainant - P.W. 1 and the accused were near the arrack shop situated at Thirthahalli. The accused - Hassansab is a disabled man and he cannot walk. Therefore, he was using clutches. On that day also he had brought clutches to the arracks shop of Shekar. It appears that the accused requested to P.W. 1 to get him 60 ML of arrack. P.W. 1 refused and therefore some exchange of words started in that alteration, the accused lifted one of his clutches and wanted to hit tin the head of P.W. 1, but it was missed and fell on the left eye of P.W. 1 On these allegations, the police of Thirthahalli after investigation filed a charge-sheet against the accused for an offence punishable under S.326, I.P.C. The number of witnesses were examined by the prosecution and documents such as Accident Register, wound certificate etc., were produced by the prosecution.

(3.) The learned Magistrate after appreciating the oral evidence of the parties and examining the documents passed an order convicting the accused for an offence punishable under S.326, I.P.C. and sentenced him to undergo R.I. for three years.