- (1.) The appellant has challenged his conviction and sentence for the offence punishable under Section 324 IPC on a trial held by the Sessions Judge, Bangalore City.
(2.) The facts relevant for the purpose of this appeal are as under: P.W.5-M.Ganesh is the son of P.W.4-Murugesh and they were running a pan shop in Kumaraswamy extension, Bangalore. On 27.11.2005, at about 9.30 p.m., when injured-P.W.5-M.Ganesh and his father were in their shop, accused No.1 [appellant herein] and accused No.2 came to their shop to purchase cigarette. P.W.5 stated that there was no stock of cigarette. Annoyed by the answer, the accused quarreled and asked as to why he had kept the pan shop without cigarettes. Saying so, the accused broken the bottles kept in the shop and accused No.1 took out a knife and assaulted P.W.5- M.Ganesh on the chest. Accused No.2 beat P.W.5- M.Ganish and when P.W.4-Murugesh intervened, he was also beat by the accused. The accused ran away from the place of the incident. As there was severe bleeding, injured-P.W.5-M.Ganesh was shifted to the hospital and later, P.W.4-Murugesh approached the Police and submitted his complaint- Ex.P4, which came to be registered in Crime No.354/2005 for the offence punishable under Sections 307 r/w. 34 IPC. The complaint-Ex.P4 and the FIR-Ex.P6 were sent to the Magistrate. The spot mahazar-Ex.P1 was held in the presence of P.W.1 and another. Statement of the witnesses were recorded. On arrest of the accused, the accused No.1 i.e., the appellant herein produced the knife-M.O.1 and it was seized under the mahazar-Ex.P2. The injury certificate was collected. M.Os.2 to 5, the clothes of the injured were seized and on completion of the investigation, a charge-sheet was laid against the accused for the charge under Sections 307 r/w. 34 IPC. During the trial, the prosecution examined P.Ws.1 to 9 and in their evidence the documents Exs.P1 to 7 and M.Os.1 to 5 were marked. The statement of the accused were recorded under Section 313 Cr.P.C. They took the defence of total denial, but no defence evidence was led. The trial Court after hearing learned counsel for the parties and on appreciation of the material, convicted accused No.1 [appellant herein] for the offence punishable under Section 324 IPC and ordered him to undergo imprisonment for 6 months and to pay a fine of Rs.5,000-00, in default to undergo simple imprisonment for 3 months. Accused No.2 was acquitted of the charge. Aggrieved by the conviction and sentence, the present appeal is filed.
(3.) I have heard learned counsel for the appellant and learned High Court Government Pleader.;