The identification of the weapon used and the value of the damaged articles were crucial in determining the applicability of the relevant sections of the IPC.

JUDGMENT

1. The present appellant as the sole accused was tried and later convicted by the LI Additional City Civil and Sessions Judge at Bangalore City (hereinafter referred to as Trial Court for brevity), in Sessions Case No.73/2013, by its judgment of conviction and order on sentence dated 04-01-2014, for the offences punishable under Sections 427 and 326 of the Indian Penal Code, 1860 (hereinafter referred to as IPC for brevity) and was sentenced accordingly. It is against the said judgment of conviction and order on sentence, the appellant/accused has preferred this appeal.

2. The summary of the case of the prosecution before the Trial Court is that, PW-2 Somashekara the complianant and the victim in this matter was running a provision store in the name and style of M/s. Sneha Provision Store at Gangamma Circle, Hosapalya Main Bandepalya, Bengaluru. On 24-10-2012, at about 7:15 p.m., the accused went to the said shop of PW-2 - Somashekara and all of a sudden, destroyed and damaged the bottles and the contents of the bottles including the eatables which were stored in the bottles in the shop of PW-2 and also using a razor which he was possessing inflicted several injuries upon PW-2 - Somashekhara.

Initially, the complaint lodged by none else than the alleged victim was for the offences punishable under Sections 427, 324 of IPC. However, after investigation, the charge sheet was filed against the accused for the offences punishable under Sections 427 and 307 of IPC. Charges were framed accordingly for the offences punishable under Sections 427 and 307 of IPC.

3. Since the accused pleaded not guilty, in order to prove the charges leveled against the accused, the prosecution examined in all nine witnesses from PW-1 to PW-9 and got marked documents from Exhibits P1 to P5(a). Material Objects from MO-1 to MO-5 were marked from the prosecution side.

Neither any witnesses were examined nor any documents were marked as exhibits from the side of the accused.

4. After hearing both side, the Trial Court by its impugned judgment dated 04-01-2014, convicted him for the offences punishable under Sections 427 and 326 of IPC and sentenced him accordingly. It is against the said judgment of conviction and order on sentence, the accused has preferred this appeal.

5. The trial Court records were called for and the same are placed before this Court.

6. The appellant/accused earlier was being represented by his counsel. However, when the matter was listed for final hearing, the said learned counsel for the appellant had remained absent. Considering the fact that the appeal was of the year 2014 and causing further delay in disposing of the matter was not in the best interest of justice, this Court by its detailed order dated 04-03-2020 appointed learned counsel Dr.J.S. Halasetti, a panel advocate from the Legal Services Committee of this Court, to appear on behalf of the appellant and conduct the case of the appellant in this matter. Accordingly, the said learned counsel from the panel of Legal Services Committee of this Court is representing the appellant in the matter.

7. Heard arguments of the learned panel advocate from the Legal Services Committee of this Court for the appellant and the learned High Court Government Pleader for the respondent State.

8. Perused the material placed before this Court including the impugned judgment and also Trial Court records.

9. For the sake of convenience, the parties would be referred to as per their ranks before the Trial Court.

10. The points that arise for my consideration in this appeal are:-

1] Whether the prosecution has proved beyond reasonable doubt that on 24-10-2012 at 7:15 p.m., the appellant/accused went to the shop of PW-2 Somashekhara which was situated at Gangamma circle, within the limits of complainant - Police Station and caused damage to the articles kept in the shop and thereby caused mischief to the tune of Rs.10,000/- and also assaulted PW-2 Somashekhara with a razor and inflicted inj