SHARANAPPA Vs. TATE OF KARNATAKA

JUDGEMENT

(1.) I have heard the arguments of the petitioner's counsel and respondent's counsel.

(2.) This revision petition is filed under Section 397 r/w Section 401 of Cr.P.C. challenging the judgment of conviction passed in CC No.22/08 dated 9/12/2009 sentencing the petitioner to undergo simple imprisonment for one year and to pay fine of Rs.3,000/- in default to undergo simple imprisonment for one month for the offence punishable under Section 325 of IPC and further sentencing to pay fine of Rs.250/- for the offence punishable under Section 448 of IPC and in default to undergo simple imprisonment for 15 days and also challenging the judgment dated 5/3/2011 passed by the by the Fast Tract Court II, Koppal, in Crl. Appeal No.2/2010 dismissing the appeal and confirming the judgment of the Lower Appellate Court.

(3.) The brief facts of the case is that the complainant Smt. Akkamma W/o Kalakappa Hadapad in her complaint stated that when she was coming home along with her mother-in-law around 8.00p.m., the accused was shouting in filthy language in front of their house and they did not respond to the same and went inside the house. Accused came inside the house and broken the stone pot and when her mother-in-law questioned the same, he caught hold of the neck of her mother-in-law and when she noticed the same, went to rescue her mother-in-law. At that time, he kicked her on abdomen and she was pregnant at that time. As a result, she has suffered pain and admitted to the hospital and the police came to hospital and recorded the statement and registered the case against the accused and thereafter, after the investigation the police have filed charge sheet against the accused and the Court below after considering both oral and documentary evidence convicted the accused.