K.N. KESHAVANARAYANA, J.—This appeal by the convicted accused is directed against the judgment and order dated 21.11.2005 passed by presiding Officer and Additional Sessions Judge, Fast Track Court IV, Kolar, in S.C. No. 66/2000 convicting him for the offence punishable under Section 307 and 326 of IPC and sentencing him to undergo R.I. for 7 years and to pay fine of Rs. 5,000/- for the offence punishable under Section 307 of IPC and further sentencing him to undergo R.I. for 5 years and to pay fine of Rs. 5,000/-, for the offence punishable under Section 326 of IPC.

2. The case of the prosecution in brief was as under:

PW2, Laxmamma is the mother of PW1 Umashankar. Accused, Yekambaresh @ Ekambaram is the younger brother of PW2, they being the children of one Late Venkatappa, R/o Punyahalli Village inMulbagal Taluk. Land bearing Sy. No. 117 measuring about 4 acres situated in Punyahalli Village among other lands was the property owned by said Venkatappa who died intestate about 20 years ago leaving behind his wife, Meenakshamma, two daughters and three sons. PW2 was claiming that land bearing Sy. No. 117 has been gifted to her by her father towards Harishina-Kumkuma before his death and since than she has been in possession and enjoyment of the said land. Further alleging that accused is interfering with her peaceful possession and enjoyment of the said land, she filed civil suit against the accused before the Court seeking relief of permanent injunction and the said suit was pending. At about 11.30AM on 25.11.1998, PWs l and 2 came to know about the accused harvesting paddy crop grown in the land bearing Sy. No. 117, immediately, PWs 1 and 2 went to the land, saw accused harvesting the paddy crop and questioned him as to how he is harvesting the crop grown by them. Annoyed by this the accused assaulted PW1 with the sickle on the left side of stomach causing him severe bleeding injury. When PW2 went to the rescue of her son PW1, the accused assaulted PW2 also with the same sickle on her left forearm causing her severe bleeding injury. On hearing the screaming sounds of PWs 1 and 2, PW3 and others came there and seeing them the accused ran away from the place by throwing the sickle there itself. Immediately, PWs 1 and 2 were shifted to the village near the land by PW3 and from there they were taken to primary Health Centre (PHC), Mulbagal, where they were examined and treated by PW9, Dr. S.N. Vijayakumar. Having regard to the nature of the injury suffered by PW1, he was referred to SNR Hospital, Kolar while PW2 was admitted as inpatient in PHC, Mulbagal. PW1 was treated as inpatient in SNR Hospital from 25.11.1998 to 08.12.1998. During treatment Laperotomy operation was done. While PW1 was taking treatment in SNR Hospital, jurisdictional police came there and recorded his statement about the incident as per Ex.Pl and based on the same, case came to be registered and investigation was taken up. The Investigation Officer visited the scene of occurrence, drew up spot mahazar, seized the sickle M01 from the scene of occurrence, also seized the blood stained clothes of PW1, recorded the statement of witnesses including the injured PW2 apprehended the accused and on completion of investigation filed the charge sheet for the offences punishable under Section 307 and 326 of IPC. On committal of the case, the accused appeared before the Sessions Judge and pleaded not guilty for the charges levelled against him. Prosecution, in order to bring home the guilt of the accused, examined PW1 to PW12 and relied on documentary evidence marked as Exs. P1 to P16 and MOs 1 to 3. The accused denied all the incriminating circumstances appearing against him in the evidence of the prosecution witnesses. He did not choose to lead any defence evidence. His defence was one of total denial and that of false application in the background of civil dispute. It was also his defence that while trying to cut the paddy crop in a hurry PWs 1 and2 sustained