CHETHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Presiding Officer, Fast Track (Sessions) Court-XVII, Bengaluru City (hereinafter for brevity referred to as the 'trial Court') convicted the present appellant for the offence punishable under Section 333 of Indian Penal Code (hereinafter for brevity referred to as the 'IPC') and sentenced him to under go simple imprisonment for a term of one year and also to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo simple imprisonment for a period of three months vide his judgment of conviction and order on sentence dated 27.04.2010 passed in Sessions Case No.421/2008. It is challenging the said judgment of conviction and order on sentence, the accused has preferred this appeal.

(2.) The summary of the case of the prosecution in the trial Court is that on 14.05.2007, at about 5.15 a.m., when the complainant who is said to be a Police Constable was on duty in front of pre-paid taxi counter at the City Railway Station (presently Kranthiveera Sangolli Rayanna Railway Station), Bengaluru, the appellant/accused who is said to be an auto rickshaw driver parked his auto rickshaw bearing No.KA-05-D-9668, obstructing the movement of other vehicles and functioning of the pre-paid taxi counter. When the complainant, who was on duty in the said place asked the accused to take away the auto rickshaw from the said place, the accused all of a sudden manhandled the complainant, due to which the complainant fell on the ground and sustained fracture on left tibia and left fibula and other injuries. He was immediately taken to the hospital by another police constable, who was also said to be on duty in the same area and got him suitable medical treatment.

(3.) Based on the statement given by the injured in the hospital, a complaint was registered against the driver of the auto rickshaw bearing No.KA-05-D-9668 in Crime No.72/2007 for the offence punishable under Section 332 of IPC. After completion of investigation, the respondent-police filed charge sheet against the present appellant for the offence punishable under Section 333 of IPC. The trial Court framed charges for the offence punishable under Section 333 of IPC against the accused.