ORDER :

The present petitioner was tried as accused by the Court of learned Civil Judge & J.M.F.C., Jagaluru, (hereinafter for brevity referred to as the `trial Court') in C.C.No.888/2011, for the offences punishable under Sections 504, 326, 506 of Indian Penal Code, 1860 (hereinafter for brevity referred to as the `IPC') and was convicted by the judgment of conviction and order on sentence dated 14.03.2013.

Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.40/2013, before the learned I Addl.District & Sessions Judge, Davanagere, (hereinafter for brevity referred to as the `Sessions Judge’s Court'), which after hearing both side, dismissed the appeal filed by the accused by its judgment dated 17.12.2016. Being aggrieved by the same, the accused have preferred the present revision petition.

2. The summary of the case of the prosecution is that the complainant was the sitting Member of Grama Panchayat of the village called Sokke. The accused was a defeated candidate and was an Ex-Grama Panchayat Member of the same village, as such, he had rivalry against the complainant. On the date 10.06.2011, in the afternoon, at about 12.00 O’Clock, the complainant had been to the inspection of the Veterinary Hospital building in the village since its inauguration was scheduled on the next day. He was accompanied by CW-5 and CW-6. At that time, the accused in an inebriated condition, abused the complainant in filthy language and also dragged him with his hands by making his hand to pass through the iron rods fixed on the railings of the staircase and twisted his hand. Apart from the same, he also took out a stone and assaulted on the right shoulder of the complainant causing grievous hurt to him. In addition to that, he also put a life threat to the complainant, however, the complainant was rescued by the people present there and thus, the accused has committed the offences punishable under Sections 504, 326 and 506 of IPC

3. In order to prove the alleged guilt against the accused, the prosecution got examined nine witnesses from PW-1 to PW-9 and got marked documents from Exs.P-1 to P-5 and got produced the stone and marked it as MO-1. Neither any witness was 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 of conviction and order on sentence dated 14.03.2013, convicted the accused (present petitioner) for the offences punishable under Sections 504, 326, 506 of IPC and sentenced him accordingly.

As observed above, the appeal challenging the said judgment of conviction and order on sentence filed in the learned Sessions Judge's Court in Criminal Appeal No.40/2013, also came to be dismissed. Aggrieved by the same, the petitioner/accused has filed the present petition.

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

6. Though this matter is listed for admission, however, with the consent of learned counsel from both side, the matter is taken up for its final disposal.

7. Heard the arguments of learned counsel from both side. Perused the materials placed before this Court including the trial Court and Sessions Judge’s Court’s records.

8. For the sake of convenience, the parties would be henceforth referred to as per their rankings before the trial Court.

9. After hearing the learned counsel from both side, the only point that arise for my consideration in this revision petition is:

Whether the concurrent finding recorded by the trial Court, as well as the Sessions Judge’s Court that the accused committed the alleged offences punishable under Sections 504, 326, 506 of the Indian Penal Code, 1860, warrants any interference at the hands of this Court?

10. Learned counsel for the petitioner in his argument submitted that even though the prosecution has contended that the complainant was referred to a higher hospital at Davanagere for his further treatment, but, neithe