A.C. GANGADHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant was convicted by the trial Court for the offence punishable under section 326 IPC and sentenced to suffer imprisonment for one month and to pay a fine of Rs. 1,000/ -. Not satisfied with the conviction and sentence the appellant filed an appeal along with other convicted accused to the High Court. The State had also filed appeal against the acquittal of all the accused and for enhancement of sentence of appellant. The High Court confirmed the conviction under section 326 and enhanced the sentence from one month to one year. The appellant has, therefore, approached this Court challenging the order of sentence and also his conviction.

(2.) WHAT has been proved against the appellant is that he caused an injury with an axe on the head of PW 5. The evidence of PW 5 has been believed by both the Courts and it also stands corroborated by the medical evidence. We find no good reason not to accept the finding recorded by the Courts below and confirm the conviction of the appellant under section 326 IPC. The nature of the injury indicates that blow must have been given by A 1 with great force on the forehead of PW 5 as it had caused a fracture. Therefore, the conviction of the appellant under section 326 is quite proper. Considering the nature of injury caused to PW 5 we do not think that the sentence imposed upon the appellant can be said to be excessive.