JUDGMENT

The appellant was convicted by the learned Prl.District & Sessions Judge, Chikkaballapura, (hereinafter for brevity referred to as “trial Court”) in Spl.C.C.No.22/2010, by the judgment of conviction and order on sentence dated 18.12.2013, for the offence punishable under Section 324 of Indian Penal Code, 1860 (hereinafter for brevity referred to as `IPC’) and sentenced him accordingly.

2. The summary of the case of the prosecution is that, on 3.4.2010, near Lakshmidevana Kote Bus Stand, within the limits of complainant-Police Station, when PW1 Manjunatha demanded for return of his jeans jacket from accused No.1, he abused the complainant in filthy language and also insulted him by taking the name of the caste and on the same day night at about 8.30, the accused No.1 armed with deadly weapon i.e., chopper, went to the house of PW1 and making criminal trespass into his house with an intention to commit criminal offence, dragged PW1 out of his house and assaulted him with the chopper he was possessing voluntarily causing grievous hurt. At that time, accused Nos.2 and 3 also abused PW1 in filthy language taking the name of his caste and when CW2 (PW2) tried to rescue his brother