K HARINATH Vs. E RAMANAPPA

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the calendar and judgment dated 07.12.2007, passed by the Judicial Magistrate of First Class, Palamaner, in C.C.No.213 of 2006.

(2.) THE revision petitioner herein is the de facto complainant, whereas respondent Nos.1 to 4 are A.1 to A.4 and respondent No.5 is the complainant/State in C.C.No.213 of 2006 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C. before the trial Court.

(3.) THE brief facts of the case are that on 07.05.2006 at about 07:30 p.m one Chinnappaiah -son of A.2, was linking the electrical wire to the electrical pole. Then, the complainant objected the linking and advised not to link the wire to electric pole, as it is dangerous to his family members and to take permanent connection through the electricity authorities, for which A.4 abused the de facto complainant in filthy language and continued the illegal connection from the electrical pole. Later, on 07.05.2006 at about 09:30 p.m, after returning from Dasarlapalli fair, the accused picked up a quarrel with the complainant, who was sleeping along with his family in front of his house and abused him in filthy language. Meanwhile, A.2 to A.4 caught hold the de facto complainant. A.1 beat the de facto complainant with billhook on his head and caused bleeding injury. A.3 beat the de facto complainant with stick on his leg. The remaining accused kicked the de facto complainant with legs and bet him with hands. Therefore, the de facto complainant lodged a complaint before the police and the same was registered as a case in Cr.No.28 of 2006 for the offences punishable under Sections 326 and 324 read with 34 I.P.C. During the course of investigation, the Investigating Officer examined the witnesses and seized the material objects under the cover of mahazar in the presence of mediators. The Medical Officer, Government Hospital, Palamaner, treated the injured and issued wound certificate opining that the injuries are grievous and simple in nature. Thereafter, on 29.05.2006 A.1 to A.4 surrendered before the Court and enlarged on bail.