VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is preferred by the petitioners/accused challenging the judgment dated 21.01.2011 rendered by the Court below in Crl.A.No.50/2010 partly allowing the appeal which was filed against the judgement of conviction and order of sentence passed by the trial Court in C.C.No.456/2008 dated 31.03.2010.

(2.) The factual matrix of the petition is that on 20.10.2007 at around 8.30 p.m. when the complainant - Ramakrishna was returning to his house from new site and when he reached Ramamandir in the village, the accused persons came there and accused No.1 caught hold the complainant, accused No.2 assaulted him with an iron rod on his left hand and accused No.3 assaulted him with a Iron tap-pipe on his left shoulder, back and right leg. When the complainant screamed, CW.2 - D.K.Suresh and CW.3 - Mahesh intervened and rescued him. They also snatched the iron rod and water pipe from the hands of the accused. On enquiry the complainant came to know that since his junior paternal uncle's son by name Manju was in love with one Gowramma and had married her and the said Gowramma was the daughter of the junior paternal uncle of first accused and thinking that the complainant was behind this love marriage, the accused persons had assaulted him. The accused persons also threatened to kill while leaving the spot. Thereafter, the complainant was taken to the Government Hospital in Nanjangud and from there to K.R.Hospital, Mysore. On information, the Nanjangud Rural Police went there and recorded his statement on 22.10.2007 and on that basis a case was registered initially for the offences punishable under Sections 341, 324 and 506 r/w 34 of IPC, and later, on the basis of wound certificates obtained from the concerned doctors, charge sheet was filed including Section 326 IPC. The trial Court framed charges against the accused persons and they did not plead guilty and claimed to be tried. During the course of the trial, the prosecution examined in all 10 witnesses as PW.1 to PW.10 and got marked Exs.P1 to P9 and Mos.1 and 2. The trial Court after appreciation of oral and documentary evidence on record, convicted the accused persons for the aforesaid offences. Under Section 341 IPC accused No.1 was sentenced to undergo SI for one month; for the offence under Section 326 of IPC, accused No.2 was sentenced to undergo SI for a period two years and for the offence under Section 324 IPC, accused No.3 was sentenced to undergo SI for a period of one year and for the offence under Section 506 of IPC, all the accused persons were sentenced to undergo SI for a period of 6 months and each of them were directed to pay a sum of Rs.5,000/- as compensation to the complainant.

(3.) Against the said judgment of conviction and order of sentenced passed by the trial Court, the accused filed an appeal in Crl.A.50/2010. The Court below vide judgment dated 21.01.2011 partly allowed the appeal. The judgment of trial court convicting the first accused for the offence under Section 341 of IPC, second accused for the offence under Section 326 of IPC, third accused for the offence under Section 324 of IPC and all of them for the offence under Section 506 IPC was confirmed. The sentence imposed on the first accused for the offence under Section 341 of IPC was also confirmed. But in addition to the sentence of SI imposed by the trial Court on the second accused for the offence under Section 326 of IPC, he was sentenced to pay a fine of Rs.5,000/- and in default to pay the fine amount, to undergo SI for six months. Out of the said amount, a sum of Rs.4,500/- was ordered to be paid to the complainant as compensation under Section 357(1) Cr.P.C. Further the sentenced imposed on the third accused for the offence under Section 324 IPC was also confirmed. The sentence of imprisonment imposed on the accused for the offence under Section 506 of IPC was set-aside and instead, each of them were sentenced to pay fine of Rs.5,000/- and in default to pay the fine amount, to undergo SI for period of six months. Out of the said amount, a sum of Rs.3,500/- was ordered to be paid to the complainant as compensation. The total compensation amount payable to the complainant under this head was a sum of Rs.10,500/- and in addition to this amount of Rs.4,500/- out of the fine amount collected from second accused for the offence under Section 326 of IPC. In all a sum of Rs.15,000/-was ordered to be paid the complainant as compensation. It is this judgment which is challenged by the petitioners/accused under this revision petition by urging various amongst other grounds.