The

petitioners

have

challenged

the

judgment

of

conviction dated 23.01.2013 passed by Principal Civil Judge and

J.M.F.C., Gowribidanur in C.C.No.282/2012 convicting them for

the offence punishable under Section 324 R/w 34 of IPC and

consequent sentence to pay fine of Rs.3,000/- and to undergo

simple imprisonment for a period of sixty days and for the

offence punishable under Section 326 R/w 34 of IPC to undergo

simple imprisonment for a period of one year and fine of

Rs.5,000/- each. The petitioners have also challenged the

correctness of the judgment passed by the Sessions Court

dated 11.07.2014 passed by Additional District and Sessions

Judge, Chikkaballapura in Crl.A.Nos.33/2012 and 3/2014 by

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which the judgment of conviction passed by the trial Court and

the order of sentence, were upheld.

The case of the prosecution is that on 18.10.2011,

the accused assaulted CW-1 (PW-1) with a wooden stick on his

right hand, right leg and on his back causing injuries. A case in

crime No.212/2011 was registered for an offence punishable

under Section 324 R/w Section 34 of IPC. CW-1 was examined

at General Hospital, Gowribidanur, where it was found that he

had suffered laceration wound over the right palm and

contusion over the left side of the chest. The X-Ray revealed

that CW-1 had suffered a fracture of the 8th rib. The

Investigation

Officer

after

conducting

a

spot

mahazar,

recorded the statement of the witnesses and the statement of

the Medical Officer who examined the CW-1, submitted a

charge sheet for the offences punishable under Sections 324,

326 R/w Section 34 of IPC. The trial Court took cognizance for

the said offences and secured the accused and released them

on bail. The accused pleaded not guilty for the charge under

Sections 324, 326 of IPC and claimed to be tried. The

prosecution examined PW-1 to PW-7 and marked exhibits as

PW-1 to PW-5 and the wooden sticks used for the alleged

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offence as M.O.No's.1 and 2. The statement of the accused

under Section 313 of Cr.P.C was recorded and they denied the

incriminating evidence against them. However, they did not

lead any evidence in defence.

3.

Based on oral and documentary evidence, the trial

Court held that PW-6 had proved that the complainant (PW-2)

had suffered a fracture of the 8th rib which was caused by the

accused using M.O.No's.1 and 2. It also held that the injury

suffered by PW-2 was grievous in nature and life threatening

and hence, held that the prosecution had proved the guilt of

the accused beyond doubt and convicted the accused for the

offences punishable under Sections 324, 326 R/w Section 34 of

IPC and sentenced them to pay fine of Rs.3,000/- for the

offence punishable under Section 324 R/w Section 34 of IPC

and to undergo simple imprisonment for a period of one year

and fine of Rs.5,000/- each for the offence punishable under

Section 326 R/w Section 34 of IPC.

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4.

Being aggrieved by the said judgment of conviction,

the accused filed Crl.A.Nos.33/2012 and 3/2014. The appellate

Court secured the records of the trial Court.

5.

Heard, the learned counsel for the parties and

framed points for the consideration and after hearing the

learned counsel for the accused and re-appreciating the

evidence on record, dismissed the appeal and confirmed the

judgment of conviction passed by the trial Court. Being

aggrieved by the same, the present revision petition is filed.

6.

Learned counsel for the petitioners submitted that

there was no material placed before the trial Court to establish

the charge under Section 326 of IPC. He submitted that there

was no proof placed on record to establish that PW-2 had

suffered the fracture of the 8th rib. He submits that though

PW-6 deposed that X-ray of PW-2 revealed that he had suffered

a fracture of the 8th rib, the X-Ray was not marked in the

evidence. He contended that, the injuries suffered by PW-2 was

simple in nature and the object used for the crime were

wooden sticks which were not capable of doing aw