The main legal point established in the judgment is that the evidence of injuries and the use of weapons by the accused were crucial in establishing the guilt under Sec. 326 of IPC.

JUDGMENT

1. Aggrieved by the judgment and order dtd. 24/11/2014 passed by the V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, sitting at Puttur, Dakshina Kannada, in Criminal Appeal No.52/2007 acquitting the accused for the offence punishable under the provisions of Sec. 326 of IPC, the State has preferred this appeal.

2. For the sake of convenience, the parties are referred to as per their status before the trial court.

3. The case of the prosecution is that on 8/12/1998 at about 7.30 p.m. at Kadira of Murulya village, Sullia Taluk, accused nos.1 to 4 with a common intention voluntarily caused hurt to PW.1 - Monappa Gowda and PW.2 - Pergade Gowda and to criminally intimidate PW.4 - Smt. Yamuna, accused nos.2 and 3 have voluntarily caused grievous hurt to PW.2 armed with sickles M.O.4 to M.O.6, which were used as weapon for the offence likely to cause death and thereby caused grievous hurt and accused no.1 voluntarily caused hurt to PW.1 with sickle and accused no.4 caused hurt to PW.1 with club M.O.1, which were used as deadly weapons and thereby caused simple injuries and insulted PW.4 by using abusive words and provoked her to commit breach of peace and in furtherance of their common intention criminally intimidated PW.4 by uttering the words and giving life threat to cause hurt to her husband and thereby committed the offences punishable under the provisions of Sec. 504 , 324 , 326 , 506 r/w 34 of IPC .

4. Trial took place before the Civil Judge (Jr.Dn.) and JMFC, Sullia. In order to prove its case, the prosecution has examined in all 12 witnesses - PWs.1 to 12 and got marked the documents - Exs.P1 to Ex.P7 and material objects - M.O.1 to M.O.6 were marked. The accused have not examined any witnesses. The trial court, by judgment dtd. 23/5/2003 in C.C.No.564/1999, convicted accused nos.1 to 4 for the offences punishable under Ss. 504 , 324 and 326 r/w 34 of IPC and acquitted them for the offences punishable under sec. 506(II) of IPC. Aggrieved by the same, Criminal Appeal No.39/2003 was filed by the accused before the Fast Track Court-I, D.K., Mangalore. The First Appellate Court on the ground that the statement under Sec. 313 of Cr.P.C was not recorded has set aside the said judgment of the trial court and remanded the matter back to the trial court by judgment dtd. 18/9/2006. Thereafter, by judgment dtd. 19/2/2007 in C.C.No.564/1999, the trial court has convicted all the accused for the offences punishable under Ss. 324 and 326 r/w 34 of IPC and acquitted them for the offences under Sec. 504 and 506 r/w 34 of IPC and has sentenced them as mentioned below:

"ORDER

The accused No.1 to 4 are convicted for the offence Under Sec. 324 read with 34 I.P.C . and each of them are sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.5,000.00 in default simple imprisonment for a further period of 2 months.

The accused No.1 to 4 are convicted for the offence under Sec. 326 IPC and the accused No.1 and 4 are sentenced to undergo simple imprisonment for a period of 2 years and to pay a fine of Rs.5,000.00 each in default simple imprisonment for two months and accused No.2 and 3 are sentenced to undergo rigorous imprisonment for a period of two years, and to pay fine of Rs.5,000.00 each in default simple imprisonment for a further period of two months for the said offence. Both the sentences shall run concurrently. Out of the fine amount a sum of Rs.15,000.00 is ordered to be paid as compensation to P.W.2 - Pergade Gowda and a sum of Rs.5,000.00 is ordered to be paid as compensation to P.W.1-Monappa Gowda as per Sec. 357 Cr.P.C.

The bail and surety bonds of the accused stand cancelled.

Office is directed to supply a free copy of the judgment to the accused.

M.O.1 to M.O.6 being worthless are ordered to be destroyed after the appeal period."

5. Aggrieved by the same, all the accused preferred an Appeal before V Additional District and Sessions Judge, Dakshina Kannada, Mangalore, s