MAHABOOB ALISAB Vs. RANEBENNUR

JUDGEMENT

(1.) Heard the arguments of the appellant's counsel, and also the learned Addl. Government Advocate for respondent.

(2.) The factual matrix of the case is that, at about 9.30 p.m., on 17.04.2008, at Chikkerur-Yallapur village, when the complainant was talking with somebody sitting infront of his house, at that time, the accused who belongs to Mohammadan community abused him with filthy language and also assaulted him with hands on his face, back and caused bodily pain and other accused persons came there and attempted to pacify the galata and the accused took the stone which was lying on the ground and threw on the complainant and the complainant sustained injury to his left eye. He has also sustained fracture of the nasal bone. On the basis of the complaint, the case has been registered, and the investigation has been completed and the charge sheet under Sections 504, 323, and 326 of Penal Code and also under Sec. 3(1) (x) and 3(2) (v) of SC/ST (PA) Act, 1989.

(3.) The prosecution in order to prove the case relied upon the evidence of PWs-1 to 16 and got marked documents Exs.P.1 to 13. The Court below after hearing the arguments of both the counsel convicted the accused for the offences punishable under Sections 504 and 326 of Penal Code and sentenced him to under go simple imprisonment for six months and to pay a fine of Rs.500.00and in default of payment of fine, he has to under go further simple imprisonment for other two months for the offence punishable under Sec. 504 of IPC. For the offence punishable under Sec. 326 of IPC, sentenced the accused to under simple imprisonment for one year and to pay f ine of Rs.1,000.00 and in default of payment of f ine, he has to undergo further simple imprisonment for another three months.