This appeal under Section 374(2) of Cr.P.C. is filed for

setting aside the judgment of conviction and order of sentence

passed by the II Additional District and Sessions Judge,

Kodagu-Madikeri sitting at Virajpet in S.C.No.44/2015 dated

27.12.2017 for having found the appellant guilty and convicted

and sentenced to undergo simple imprisonment for 10 years

and fine of Rs.10,000/-, and in default to undergo simple

imprisonment for 6 months for the offence punishable under

Section 307 of IPC. He further to undergo simple imprisonment

for 7 years and pay fine of Rs.5,000/- and in default to undergo

simple imprisonment for a period of 6 months for the offence

punishable under Section 333 of IPC. He is further sentenced to

undergo simple imprisonment for one year and to pay fine of

Rs.1,000/- and in default to undergo simple imprisonment for 3

months for the offence punishable under Section 353 of IPC

and all the sentences shall run concurrently.

2.

Heard the arguments of learned counsel for the

appellant and learned HCGP for the respondent-State.

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3.

The rank of the parties before the trial Court is

retained for the sake of convenience.

4.

The case of the prosecution is that, on the

complaint of P.W.1, K.V. Sharath Police Constable NO.224,

alleging that on 10.01.2015 at about 12.05 a.m., himself and

ASI Sudhakar were on duty in Birunani Out Post Police Station

in the night , C.W.2 to C.W.4 approached them and informed

that accused by holding a chopper in his hand making galata

near his house. Immediately, P.W.1 K.V. Sharath went along

with ASI Sudhakar near the house of the accused. At about

12.30 a.m., in the night when they reached near the house of

the accused then ASI Sudhakar flashed the light of the torch on

the accused who was in front of the house. Then the accused

asked to ASI " Bolimagane" who are you. Then ASI Sudhakar

replied that he is the ASI of Birunani out Post Police Station.

Then accused abused him by saying "Neenu Yava ASI Adare

yenu; 'Bolimagane' I will kill you. The accused also said that in

the matter of breaking of glasses of the car pertaining to one

Vinu you have said you will send me jail. As such you are to be

killed. By saying so accused who was holding a chopper

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assaulted ASI Sudhakar with chopper on his head, neck, near

right eye, right hand, left hand. Then CW-1 and CW.2 to C.W.4

attempted to rescue ASI Sudhakar. CW.1 Snatched the chopper

from the hand of the accused and accused fled away from the

spot. The Injured ASI Sudhakar was shifted to T.Shettigeri

Hospital and thereafter he was shifted to Mysuru Hospital for

further treatment.

5.

The Police registered the FIR for offence punishable

under Sections 333, 353, 307 of IPC. The accused was

arrested on 13.1.2015 and from the date of his arrest he is in

judicial custody. The charge was framed by the learned

Sessions Judge and the same was read over to the accused, the

accused had pleaded not guilty and claimed to be tried.

6.

The prosecution in order to prove its case,

examined P.W.1 to P.W.20 and marked documents at Exs.P.1

to P.34(a) and marked material objects as MO.1 to MO.10.

After the evidence of the prosecution was completed, the

incriminating

circumstances

found

in

the

evidence

of

prosecution was put to the accused and the accused denied the

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said incriminating circumstances and marked documents at

Exs.D1 & D2.

7.

The learned Sessions Judge after appreciating the

evidence on record held that the prosecution has established

the guilt of the accused beyond all reasonable doubt and

consequently passed the impugned judgment of conviction.

Being aggrieved by the same, the appellant-accused is before

this Court.

8.

Learned counsel for the appellant submits that the

appellant-accused is innocent of the alleged offence and he is

falsely implicated in the said case and he is mentally retarded

person. He is taking treatment in the Nimhans Hospital,

Bengaluru, which is revealed from the evidence of P.W.7 who i