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H. P. SANDESH
Thimmaiah, S/O Rangaiah – Appellant
Versus
State Of Karnataka By Rural Police, Rep. By Learned State Public Prosecutor – Respondent
ORDER :
The petitioner has challenged the order of conviction and sentence passed by the Trial Court as well as the Appellate Court praying this Court to set aside the judgment and order of conviction dated 09.12.2011 and sentence dated 15.12.2011 passed in C.C.No.1153/2006 on the file of the Principal Civil Judge and JMFC, Chikkamagaluru, which is confirmed in Crl.A.No.01/2012 by order dated 27.03.2013 on the file of the Principal Sessions Judge, Chikkamagaluru and consequently acquit the petitioner for the alleged offences.
2. The factual matrix of the case of the prosecution is that on 16.09.2005 at about 7.30 p.m. in SC/ST colony of Dambadahalli Village when P.W.1 and P.W.2 were there in the house, the accused tress-passed the house of P.W.1 and P.W.2 and abused P.W.1 in a filthy language and assaulted her with a chopper on her left hand thumb and left leg knee and caused grievous injuries, which has resulted in fracture of tibia. The motive for committing the assault is that P.W.1 got married to one Dharmesh, who is the brother-in-law of the accused as against the wishes of the accused. Based on the complaint, the police have registered the case at the first instance for the off
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The determination of whether an object constitutes a 'dangerous weapon' is fact-specific, and the absence of evidence supporting caste-based animosity led to the reversal of the conviction under the ....
Testimony of relative witnesses cannot be disbelieved on ground of relationship.
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The court ruled that the benefit of the Probation of Offenders Act must be considered unless explicitly excluded, reaffirming the mandatory duty of the court to evaluate the conditions for probation.
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