ORDER

This revision petition is filed under Section 397 read with Section 401 Cr.PC by the sole accused challenging the judgment and order dated 05.12.2014 passed by the Prl. Civil Judge & JMFC, Channapatna, in C.C.No.982/2010, and the judgment and order dated 19.01.2019 passed by the Prl.

District & Sessions Judge, Ramanagara, in Crl.A.No.1/2015.

2. Heard the learned Senior Counsel appearing for the petitioner and also the learned HCGP appearing on behalf of the respondent.

3. Brief facts of the case as revealed from the records that may be necessary for the purpose of disposal of this revision petition are, on 22.07.2010 at about 9.45 a.m., when the petitioner/accused who was digging the land in front of the house of CW-2 - Satisha for the purpose of laying a pipeline, Anupama (PW-1) - wife of PW-2 questioned the act of the accused, who got enraged and abused her in filthy language and also assaulted her with hand. Immediately, PW-1 informed about the incident to PW-2 who came to the spot and the accused even abused PW-2 in filthy language and assaulted him with a sickle which he had brought from his house and caused bleeding injuries on his forehead. The accused also criminally intimidated PW-2 and threatened him of dire consequences to his life. On the basis of the complaint lodged by PW-1, the jurisdictional police had registered a case against the petitioner for the offences punishable under Sections 323, 504, 326 & 506 IPC. After investigation, the police had filed charge sheet against the petitioner for the aforesaid offences.

4. The petitioner who had appeared before the Trial Court, pleaded not guilty and claimed to be tried. The prosecution in order to prove its case had examined nine witnesses as PWs-1 to 9 and also got marked 10 documents as Exs.P-1 to P-10. The material object used for committing the offence was marked as MO-1 and the shirt which PW-2 was wearing at the time of incident was produced and marked as MO-2. The petitioner had denied all the incriminating circumstances available against him on record during the course of his statement under Section 313 Cr.PC. The Trial Court, thereafter, heard the arguments addressed on both sides and by judgment and order dated 05.12.2014 convicted the petitioner for the offences for which he was charged and sentenced him to undergo simple imprisonment for one year and pay fine of Rs.1,000/- and in default to undergo simple imprisonment for another one month for the offence under Section 323 IPC. For the offence under Section 326 IPC the petitioner was sentenced to under go simple imprisonment for three years and pay fine of Rs.5000/- and in default to undergo simple imprisonment for another five months, for the offence under Section 504 IPC petitioner was sentenced to undergo simple imprisonment for one year and pay fine of Rs.1,000/- and in default to undergo simple imprisonment for another one month, and for the offence under Section 506 IPC the petitioner was sentenced to undergo simple imprisonment for one year and pay fine of Rs.1,000/- and in default to undergo simple imprisonment for another one month. The Trial Court also had directed the petitioner to pay an amount of Rs.25,000/- to the victim as compensation. The said judgment and order of conviction and sentence passed by the Trial Court was confirmed by the Appellate Court in Crl.A.No.1/2015 on 19.01.2019. It is under these circumstances, the petitioner is before this Court in this revision petition.

5. Learned Senior Counsel appearing for the petitioner submits that the courts below have erred in convicting the petitioner for the alleged offences. She submits that the prosecution has failed to prove that PW-2 had suffered grievous injuries and in the absence of reliable medical evidence, the courts below were not justified in convicting the petitioner for the offence under Section 326 IPC. She submits that there is a ill-will between the parties, and therefore, the petitioner was falsely implicated in the p