I " S] 0. .. §fi;--x.'1adevé3}aik#a, ':_Agte:d. 30 yi'ss.,, ' H H " Kumar, Amicus Curiae for respondent)
.§f”‘(;’r.P.C. by the SP3?’ for the State praying that thi$ Honfiale
Court may be pleased to grant leave to file an appeal against
IN THE HIGH comm OF KARNATAKA AT
Dated this the am day of JULY , 2%fi§*8% C} :
THE HONBLE MRJUSTICE & 7
THE HONBLE MR.JUs’r1cEV%”jg’~.% SREENIE’ASEéV'(§(§WVI)A
CRIMINAL. APPEAL f::ro;’z5s/2633
Betwean;
The sub~iI1spect<)1f<)f_Po1€:Ce,"*:1 .
[By sm.G,3ha§.rafii SV.P;F-.–vferfiappcflant – State.)
And:
Nanjurzciaswaliiém ., V”
I73}/ax.’
Aga.ra’:vihag<z%
. . Respondent
-zIr~a74′-kit-k
This Criminal Appeal is raga under Sec. 373(1) and (3)
the judgmem: dt.3-I–2002 passed by the Addl. C.J. (Jr.D11.)
. 2 -in not sns
3
tr.) the effect that there was a quarrel and accused asmmlted
P.W.2 with a chopper. The wound certificate ”
version of P.W.2 that he had sustained. ; z
edged Weapon. The complaint is
deiay. The inju is also ~e;&1:ate:y%
within a reaeonable e<)11*oborate
the evidence ef P.W.1 who is an
independent . haze" V' xiproseeution ease.
The View the prosecution has
failed to aecuéed is illegal and contrary
to the eviefenee on h
4. _’I’he’ wound certificate discloses that
any finaeture injury. She has
at the ulna joint. The nature of injury
shownjizn ‘Lx_v,x}::()11I1(i cezrtificate does not conform to the
«oefixlitiori o_fi~grievous injury. In that View of the matter, it can
that P.W.2 has sustained simple injury caused
. deadly weapon. Therefore, accused is liable to be
-eonvieted under Sec. 324 IPC and not as eoriiended by the
prosecution. The prosecution has failed to prove injury on
A
P.W.1. Thcrefarc, the accused is held guilty of causing
offence against P.W.2 only.
5. For the reasons discussefii.Va’n¢iie, “the
trial Court is bad in law. is Sfiii -a§_dé§V4’V”}§15pea: 2 is’
partly allowed.
6. Accused is under
Sec. 324 IPC for; tcjnjy sentenced to pay
fine of Rs. s.1. for a period of 3
months. /’1K.’§§53iit?l%36I1sation of Rs.10,000/”
from the ‘
is of in terms indicated above.
‘ Tbs: of Sri. Kiran Kumar, Amicus Curiae is
V p1.*L=,’£t:’-%=.AV<«{i~–.VA«'oIVV1.V The fee. of Amicus Curiae is fixed at
I<s.5,0'.(3o./'+',
Sd/-
53?-98
Judge