JUDGMENT

This appeal is filed by appellants/accused Nos.1 to 4 praying to set aside the judgment of conviction dated 06.09.2012 and order of sentence dated 10.09.2012 passed in S.C.No.53/2008 by the District and Sessions Judge, Ramanagar. Appellants/accused Nos.1 to 4 have been convicted for offences punishable under Sections 504, 333, 323, 506 r/w Section 34 of Indian Penal Code (for short hereinafter referred to as `IPC’).

2. The appellants/accused Nos.1 to 4 are sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs.3,000/- each for offence punishable under Section 333 r/w Section 34 of IPC;

sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs.1,000/- each for offence punishable under Section 506 r/w Section 34 of IPC; sentenced to undergo simple imprisonment for a period of one month and to pay fine of Rs.500/- each for offence punishable under Section 323 r/w Section 34 of IPC and sentenced to undergo simple imprisonment for a period of one month and to pay fine of Rs.500/-each for offence punishable under Section 504 r/w Section 34 of IPC. The Trial Court has ordered that all sentences to run concurrently.

3. The factual matrix of the prosecution case is as under:

PW-1/complainant was working as Assistant Executive Engineer at City Municipal Counsel (for short hereinafter referred to as `CMC’), Ramanagara. On 29.10.2005, he was entrusted with repair of drainage at Nalabandawadi in Ramanagara Town. At about 11.00a.m, Pw-1/complainant along with PW-2 to 5 went to Nalabandawadi to carryout repair work. At that time, appellants/accused Nos.1 to 4 herein who are residents of Nalabandawadi obstructed PW-1 to 5 from discharging their official duty. When PW-1/Complainant informed them that as per direction of Commissioner, they were carrying the work, appellants/accused Nos.1 to 4 abused PW-1/complainant and PW-2 in filthy language and assaulted complainant with hands on his chest and threatened with dire consequences. They also assaulted PW-2/Narayana Rao with hands. In the mean time PW-3 to 5 who were working there came and pacified accused. Thereafter, PW-1/complainant was taken to Ramanagara General Hospital for treatment. PW-1/complainant on the next day filed the complaint. The police after investigation has filed charge sheet against appellants/accused Nos.1 to 4 for offences punishable under Section 333, 323, 504 r/w Section 34 of IPC. The case came to be committed to the Sessions Court, the Sessions Court has framed charges for the offences under Sections 333, 323, 504, 506 r/w Section 34 of IPC. In order to prove the charges, the prosecution has examined PW-1 to 9 and got marked EX.P1 to 7. The statements of appellants/accused Nos.1 to 4 came to be recorded under Section 313 of Cr.P.C. The learned Sessions Judge after hearing arguments of both sides and appreciating evidence on record convicted appellants/accused Nos.1 to 4 for offences punishable under Sections 504, 333, 323, 506 r/w Section 34 of IPC. The judgment of conviction and order of Sentence challenged in this appeal.

4. Heard learned counsel for appellants/accused and learned High Court Government Pleader for respondent-State. The appellant No.1/accused No.1 and appellant No.3/accused No.3 died during the pendency of this appeal and case against them is abated.

5. The learned counsel for appellants would contend that the Police Station is near to the alleged spot of incident and complaint has been filed on the next day and there is delay in filing the complaint. In complainant Ex-P1, it is stated that accused assaulted on the right side of the chest of PW-1 with his hands and PW-1 in his evidence stated that he has been assaulted on the left side of the chest and therefore there is inconsistency in this regard. The doctor, who examined PW-1 has opined that there is fracture of 1st and 2nd rib of the right side. PW-1 in his evidence not stated that he has sustained fracture. PW-2 is a Contra