Revision petitioners-accused Nos.1 to 4 feeling aggrieved

by judgment of first Appellate Court on the file of Prl. District

and

Sessions

Judge,

Uttar

Kannada,

Karwar

in

Crl.A.No.102/2006, dated 11.2.2021, preferred this revision

petition.

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Parties to the petition are referred with their ranks

as assigned in the trial Court for the sake of convenience.

The

factual

matrix

leading

to

the

case

of

prosecution can be stated in nutshell to the effect that on

19.9.2004 at about 4.45 p.m. accused persons formed

themselves into unlawful assembly came to the house of

complainant and they abused complainant in filthy language.

When complainant questioned about removal of coconuts which

were fallen in the land encroached by complainant, accused

No.3 assaulted complainant on his right fore arm and other

accused assaulted complainant with hands and stones. As a

result, complainant sustained grievous injuries. On these

allegations made in complaint, case was registered in Crime

No.214/2004 of Kumata police station for the offences

punishable under Sections 326, 504, 506 of IPC. The

investigating officer on completion of investigation filed charge

sheet.

In response to summons, accused Nos. 1 to 4

appeared through learned counsel. The trial Court on being

prima facie satisfied, framed charges against all the accused for

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aforesaid offences, they pleaded not guilty and claimed to be

tried. The prosecution to prove the charges leveled against the

accused, relied on the evidence of PWs.1 to 11 and documents

at Ex.P.1 to 5, so also got identified M.O.1. and Ex.D.1 came to

be marked through evidence of PW.2.

5.

On closure of prosecution evidence, statement of

accused under Section 313 of Cr.P.C. came to be recorded.

Accused denied all incriminating material evidence appearing

against them and claimed that false case is filed. The trial Court

after appreciation of evidence, convicted all accused for the

aforesaid offences and imposed sentence as per order of

sentence.

6.

Accused Nos. 1 to 4 challenged the said judgment

of conviction and order of sentence before first Appellate Court

on the file of Prl. District and Sessions Judge, Uttar Kannada,

Karwar in Crl.A.No.102/2006. The first Appellate Court on re-

appreciation of evidence by judgment dated 11.02.2021

dismissed the appeal and confirmed the judgment of conviction

and order of sentence passed by the trial Court.

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7.

Revision petitioners-accused, challenged concurrent

findings of both Courts below contending that both Courts

below have not properly appreciated the evidence on record.

The civil dispute between the parties has been converted into

criminal case. The alleged injury suffered by complaint as per

wound certificate-Ex.P.4 and evidence of PW.11-doctor is

insufficient to attract penal action in terms of Section 326 of

IPC. The finding recorded by both Courts below in holding

accused guilty for the aforesaid offences cannot be legally

sustained. Therefore, prayed for allowing the revision petition

and to set aside judgment of conviction and order of sentence

passed by both Courts below. Consequently, to acquit accused

Nos. 1 to 4 from the charges leveled against them.

8.

Heard the arguments of both sides.

9.

On careful perusal of oral and documentary

evidence relied by the prosecution, it would go to show that

complainant and accused No.1 jointly encroached portion of

forest land about 20 years back and they were cultivating the

land separately. Accused No.1 had given up cultivation of land

to complainant by accepting Rs.40,000/- as fixed by elders. On

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18.09.2004, accused No.2 picked up two coconuts from the

land of complainant and the same was objected. On

19.09.2004 at 4.45 p.m., all the accused formed themselves

into unlawful assembly came to the house of complainant and

started abusing the complainant in filthy language. Accused

No.3 assaulted complainant on his right forearm and other

accused assaulted the complainant with hands and stone,