IMPORTANT POINT
The judgment establishes the application of legal provisions related to assault on a public servant and criminal intimidation under the IPC, emphasizing the elements and interpretations of these offences.

ORDER :

Heard Sri B. Madhusudan Adiga, learned counsel appearing for the petitioner-accused and Sri Vinay Mahadevaiah, learned High Court Government Pleader appearing for the respondent-State.

2. The petitioner has filed this revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, (for short, 'Cr.P.C.') praying to set aside the judgment of conviction and order on sentence dated 8-12-2014 passed by the Civil Judge and Judicial Magistrate First Class, Sringeri, in Criminal Case No.115 of 2012 and confirmed by the II Additional Sessions Judge, Chikkamagaluru, in Criminal Appeal No.159 of 2014 dated 11-1-2017.

3. For the sake of convenience, the parties are referred to as per their ranking before the trial Court. The petitioner is the accused and the respondent is the complainant-State.

4. The brief facts of the prosecution case are that on 7-5-2012 at about 3:30 p.m., the accused along with one Umesh had been to Hanumanagundi Falls in a Maruti Omni van bearing Registration No.KA-18/A-8651. The complainant-PW1-Raju was deputed to discharge his official duty at Hanumanagundi Falls, he asked the accused to purchase entry ticket by paying Rs.20/-for watching the Falls, but the accused refused to pay the amount, on the ground that he is a local person. When the complainant stopped the accused to visit the Falls, the accused assaulted the complainant with hands by holding his uniform, dragged him, kicked him and caused pain and obstructed the complainant from discharging his duty and threatened to his life. Hence, this led to registration of F.I.R. and investigation.

5. The prosecution in order to prove its case, in all, examined twelve witnesses as PW1 to PW12, got marked eleven documents as per Exs.P1 to P11 and got marked one material object as per MO1. For the defence, DWs.1 and 2 are examined. The trial Court based on the oral and documentary evidence on record, convicted the accused for the offences punishable under Sections 323, 353 and 506 of the Indian Penal Code, 1860 (for short, 'IPC').

6. Aggrieved by the judgment of the trial Court, the accused preferred appeal before the First Appellate Court and the First Appellate Court confirmed the judgment of the trial Court. Hence, this revision petition.

7. Learned counsel appearing for the petitioner-accused has contended that the accused deserves to be granted the benefit under Section 360 of the Cr.P.C., or under the provisions of the Probation of Offenders Act, 1958. He further contended that the incident occurred on 7-5-2012 and almost eleven years have been elapsed and hence, considering the long passage of time, only fine may be imposed on the accused. Hence, he prayed to allow the revision petition.

8. Sri Vinay Mahadevaiah, learned High Court Government Pleader appearing for the respondent-State, has contended that the accused misbehaved with PW1-L.J. Raju, who is a public servant and obstructed him from discharging his official duty and therefore, the Courts below have rightly convicted the accused. Moreover, the trial Court has already shown leniency by reducing the sentence. Hence, he prayed to dismiss the revision petition.

9. I have perused the oral and documentary evidence on record.

a. PW1 has deposed that he was deputed to Hanumanagundi Falls on duty. On 7-5-2012 at about 3:30 p.m., the accused came in a purple colour Maruti Omni van bearing Registration No.KA-18 A-8651 along with another person. He asked the accused to purchase the entry ticket to watch the Falls. The accused refused to purchase the ticket and went to watch the Falls. Hence, he obstructed him to enter the Falls, at that time, the accused squeezed his neck tore his uniform and assaulted him with legs. When he started hue and cry, PW2, another Forest Watcher, and PW3, Fruit Vendor, came and pacified the quarrel. Thereafter, the accused purchased the ticket and went to watch the Falls and while entering the Falls, he threatened his life. Later, he informed the said in