JUDGMENT

Dr. H.B. Prabhakara Sastry, J. - The present petitioner was tried as accused by the Court of learned Prl. Civil Judge (Jr. Dn.), & J.M.F.C., Madikeri, (hereinafter for brevity referred to as the 'trial Court') in C.C. No. 357/2007, for the offence punishable under Section 326 of Indian Penal Code, 1860 (hereinafter for brevity referred to as the 'IPC') and was convicted by its judgment of conviction and order on sentence dated 17.10.2007 and was sentenced accordingly. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No. 89/2007, before the Fast Track Court, Kodagu at Madikeri, (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 27.08.2012. Being aggrieved by the same, the accused has preferred the present revision petition.

2. The summary of the case of the prosecution in the trial Court was that on the date 23.11.2006, at about 7.30 a.m., near paddy field of PW-3 K.A. Uthappa in Makkandur village within the limits of complainant-Police Station, when PW-2 - Lingappa objected to the accused for the accused letting his cattles for grazing i