Document Fragment View

Matching Fragments

Complainant-petitioner has filed this petition challenging the judgment passed in Crl.Appeal No.30/2014 dated 30.11.2016 by the I Addl.District and Sessions Judge, Haveri modifying the judgment of conviction and sentence passed by the Civil Judge and JMFC, Hangal in Crl. Case No.137/2010 dated 1.8.2013.

2. The records of this case do reveal that, accused nos.1 to 3 were charge sheeted by the PSI of Adur Police Station, Adur for the offences punishable under Sec.323, 324, 326,504 and 506 read with Sec.34 of IPC.

4. This judgment of conviction and sentence passed by the trial Magistrate was challenged by accused Nos.1 to 3 by preferring an appeal in Crl.A.30/2014 on the file of I Addl. District and Sessions Judge, Haveri (1st Appellate Court). The learned first Appellate Court on hearing the arguments and on assessment of the evidence confirmed the judgment of conviction in respect of the offences punishable Sections.323, 324, 504 and 506 read with Section 34 of IPC. Conviction and sentence in repect of offence under Section 326 r/w Section 34 of IPC was modified and found accused nos. 1 to 3 guilty of the commission of offence under Section 34 of IPC.

14. The learned trial Court after hearing arguments and after assessing the evidence found the accused nos. 1 to 3 guilty of committing the offences under Sections 323, 324, 326, 504 and 506 read with Section 34 of IPC convicted the accused nos. 1 to 3 as stated above.

15. This judgment of conviction and order of sentence passed by the trial Court was challenged by accused nos. 1 to 3 before the I Addl. District Judge and Sessions Judge, Haveri by filing Crl.Appeal No.30/2014. Vide Judgment dated 30.11.2016, the learned first appellate Court modified the sentence as stated supra. Being aggrieved by the said judgment of modification of sentence passed by the first appellate Court, now revision petitioner-complainant is before this Court challenging the said modification of sentence and acquitting the

1. Contusion over left thigh 2x2cm
2. Swelling of left hand
3. pain over the chest was referred to District Hospital, Haveri.

29. She is specific that the injuries so sustained by Mallangouda are simple in nature and can be caused by assaulting with hands. She has been thoroughly cross- examined by the defence. But, nothing worth is elicited. For the first time, it is suggested in the cross-examination that if 3 to 4 persons travel in the bullock car and the said bullock cart turtles down, such injuries may be possible. But, suggestion is not directed either to Mallanagouda or to any other witnesses by the defence. When the suggestion is denied, it has no evidentiary value.