EMPEROR Vs. CHANBASAPPA BASLINGAPPA

JUDGEMENT

(1.) In this case the accused Chanbasappa Basalingappa, aged twenty-five years, was tried before the learned Sessions Judge of Belgaum on charges under Sections 326 and 307 of the Indian Penal Code with having caused grievous hurt to the complainant Virbhadra with a scythe or with having attempted to commit the murder of the said complainant on or about August 28, 1930.

(2.) The offence under Section 307 of the Indian Penal Code was triable with the aid of the assessors before the Sessions Judge of Belgaum whereas the offence under Section 326 of the Indian Penal Code was triable with the aid of a jury. The jury returned a verdict of not guilty with regard to the offence under Section 326 and gave their opinion as assessors in favour of the accused on the charge under Section 307.

(3.) The learned Sessions Judge disagreeing with the opinion of the assessors convicted the accused under Section 807 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years and a fine of Rs. 1000, in default one year's rigorous imprisonment.