The present petitioner was tried as accused by the

Court of learned Prl.Civil Judge (Jr.Dn.), & J.M.F.C.,

Madikeri, (hereinafter for brevity referred to as the `trial

Court') in C.C.No.357/2007, for the offence punishable

under Section 326 of Indian Penal Code, 1860 (hereinafter

for brevity referred to as the `IPC') and was convicted by

its judgment of conviction and order on sentence dated

17.10.2007 and was sentenced accordingly.

Aggrieved by the same, the accused preferred an

appeal in Criminal Appeal No.89/2007, before the Fast

Track Court, Kodagu at Madikeri, (hereinafter for brevity

referred to as the `Sessions Judge9s Court'), which after

hearing both side, dismissed the appeal filed by the accused

by its judgment dated 27.08.2012. Being aggrieved by the

same, the accused has preferred the present revision

petition.

2. The summary of the case of the prosecution in the

trial Court was that on the date 23.11.2006, at about

3

7.30 a.m., near paddy field of PW-3 K.A.Uthappa in

Makkandur village within the limits of complainant-Police

Station, when PW-2 - Lingappa objected to the accused for

the accused letting his cattles for grazing in the field of

PW-3 Uthap