Heard Sri R.M.Javed, learned counsel for the appellants

and learned High Court Government Pleader for the

respondent – State and perused the records.

Present appeal is filed challenging the judgment

and order of conviction passed in Spl.(SC/ST) C.No.38/2008

on the file of the Special Judge at Haveri.

3.

Brief facts of the case are as under:

A complaint came to be lodged that there was an

altercation on 17.11.2008 when the complainant and his

brother were consuming alcohol in Basavanna Temple.

Accused-appellants advised not to consume alcohol in the

temple and in that regard there was ill-will between them.

Following the said incident, on 19.11.2008 at about 6.00

p.m. brother of the complainant called accused No.1 who

was standing near the temple and when he refused to come

near the temple, around 7.30 p.m. complainant and his

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brother proceeding infront of the house of the accused

persons, accused persons assaulted both of them with club.

Complainant sustained injury on his forehead and back and

near left ear. CW6 who is examined as PW2 sustained

injuries on his right hand and all over the body. Quarrel was

pacified. Based on the complaint, police registered a case in

Crime No.128/2008 for the offences punishable under

Sections 324, 326 and 504 read with Section 34 IPC and also

under Section 3(1)(x) of SC/ST (P.A.) Act, 1989. After

thorough investigation, police filed charge sheet against the

appellants-accused persons.

4.

During the course of investigation, appellants-

accused persons were arrested, 2^nd accused was enlarged on

bail on 26.11.2008 and 1^st accused was enlarged on bail on

02.12.2008. The presence of the appellants was secured

before the trial court on receipt of the charge sheet and

charge was framed. Accused persons pleaded not guilty and

therefore trial was held.

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5.

In order to establish the case of the prosecution,

prosecution in all examined 18 witnesses as PW1 to 18 and

21 documentary evidence were also laid on by the

prosecution and marked as Exs.P1 to P21. Prosecution

further relied on 8 material objects which were marked as

MOs1 to 8.

6.

On conclusion of the prosecution evidence,

accused statement as contemplated under Section 313

Cr.P.C. was accorded wherein accused persons denied all the

incriminatory materials and did not choose to place any

written submission as contemplated under Section 313(5)

Cr.P.C. nor led any defence evidence.

7.

Thereafter, learned Special Judge heard the

parties and after considering the oral and documentary

evidence on record coupled with the material objects relied

on by the prosecution, convicted the accused-appellants for

the offences punishable under Sections 324, 326 r/w Section

34 IPC. The learned Special Judge however acquitted the

accused-appellants for the offences punishable under Section

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504 IPC, 3(1)(x) of SC/ST (P.A.) Act read with Section 34

IPC.

8.

The accused persons were sentenced to pay fine

of Rs.10,000/- and 2 years imprisonment for the offences

punishable under Section 326 r/w Section 34 IPC and

sentenced the appellants for one year simple imprisonment

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

Section 324 IPC with default sentence.

9.

The State has not preferred any appeal against

the judgment passed by the learned Special Judge acquitting

the accused for the offences punishable under Section 504

IPC and Section 3(1)(x) of SC/ST (P.A.) Act r/w Section 34

IpC. As such, the said finding has become final.

10.

Being aggrieved by the order of conviction and

sentence, the accused have preferred the present appeal. In

the appeal following grounds have been raised.

• It is submitted that the trial court has

mechanically passed the impugned order

dated 6.9.2012 without ascertaining the facts

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and without examining all the relevant aspects

and practical position of the law.

• The trial court also failed in taking into

consideration that though the I.A. collected

the so-called bloodstained clothes and he had

not sent it for FSL