The central legal point established in the judgment is the reliance on credible evidence, including witness testimony and documentary evidence, to establish the commission of the offence.

This appeal is by the accused against the judgment dated 22-10-2003 in SC No.45 of 1997 on the file of the Fast Track Court, Shimoga.

2. The Police Sub-Inspector of Thirthahalli Police charge-sheeted the accused for the offence punishable under Sections 341, 504, 326, 324, 307 read with Section 34 of the Indian Penal Code, 1860. The accused claiming to have worked under the Complainant, made a demand for payment for work on 11-3-1997. Complaint refused to give the said amount, alleging that the accused have to collect the said amount from the Contractor and that he is not responsible.

3. Accused 1 assaulted the complainant with Chopper on his head and also tried to assault on the chest. However, the complainant escaped the said blow and got hurt on the right and left hands. He also attacked with knife and assaulted on chest of the complainant. P.W.8 - Krishnamurthy, came to the rescue of the complainant and pacified the quarrel. P.W.5 took the complainant to the hospital at Thirthahalli. P.W.7-Dr. Manjunatha, on initial examination directed P.W.5 to take the complainant of Kasturba Hospital, Manipal, where the complainant was treated. Kasturba Hospital, Manipal, has issued wound certificate as per Ex.P.6, showing three injuries. The police on investigation filed the charge-sheet for the offence punishable under Sections 341, 504, 326, 324, 307 read with Section 34 of IPC.

4. To support its case, the prosecution examined mainly, complainant as P.W.1, P.W.5, who took the complainant to the hospital, P.W.7 - the doctor who treated the complainant, P.W.8 who saw the incident and P.W.10 - the Investigating Officer. The Trial Court on appreciation of evidence found the prosecution has established the charge for the offence punishable under Sections 326 and 324 read with Section 34 of IPC. Accordingly, convicted the accused for the offence punishable under Sections 326, 324 read with Section 34 of the IPC and acquitted for the offence punishable under Sections 341, 504, 307 read with Section 34 of IPC. The accused were sentenced to rigorous imprisonment for one year and to pay fine of Rs.1,000/- with default sentence. As against the said conviction and sentence the accused have filed this appeal.

5. Sri G.M.Anandam, learned Counsel appearing for the appellant submit that P.W.8 – Krishnamurthy though has been examined as an independent witness, his evidence do not prove the alleged incident. According to him, he was 40 feet away from the place of incident and he has not stated any overt acts by the accused. He in an unequivocal terms stated that he left the place. P.W.5 who is another witness in his evidence has stated that he came to the place after the incident and he has not witnessed the incident. Therefore, his evidence is not helpful to the prosecution case.

6. Though the complainant alleged that accused assaulted, but his evidence is not reliable as there was quarrel as regards to the payment of coolie. The evidence of P.W.1 is not corroborated by any independent evidence. Even P.W.7 –doctor who has examined the complainant has not stated that the injuries are grievous in nature or he has treated the complainant. No doctor has been examined from the Kasturba Hospital, Manipal to prove the injuries. In view of lack of clinching evidence to prove the offence, the Trial Court ought not have convicted the accused for the offence punishable under Section 326, 324 read with Section 34 of IPC.

7. A.V.Ramakrishna, the learned Government Advocate, on the other hand submitted that P.W.1 is the injured witness and his evidence is corroborated by the documentary evidence produced at Exs. P.4 and P.6 Ex. P.4 is the accident register and Ex.P.7 is the wound certificate issued by P.W.7. P.W.7 - the doctor who examined the complainant, in his evidence has stated that complainant was brought to his hospital and after examination he directed P.W.5 to take the complainant to Kasturba Hospital, Manipal.

8. The evidence of the injured