CRIMINAL REVISION PETITION No.1238 OF 2022

(397(Cr.PC) / 438(BNSS)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION PASSED IN C.C.NO.4095/2015 DATED 04.03.2022 PASSED BY THE 6TH ADDITIONAL CIVIL JUDGE AND JMFC AT MYSURU AND IN CRL.A.NO.110/2022 DATED 14.09.2022 PASSED BY THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 341,323,326 OF INDIAN PENAL CODE BY ALLOWING THIS PETITION.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri C.N.Raju, learned counsel for the revision petitioner and Sri K.Nageshwarappa, learned High Court Government Pleader.

2. Revision petitioners are the accused persons who have been convicted for the offences punishable under Sections 341, 323 and 326 of the Indian Penal Code and sentenced to undergo imprisonment as under:

3. The order of conviction and sentence was challenged before the First Appellate Court in Criminal Appeal No.110/2022. By considered judgment dated 14.09.2022, appeal came to be dismissed and order of conviction and sentence passed by the Trial Court got confirmed.

4. Being further aggrieved by the same, accused persons are before this Court in this revision petition.

5. Sri C.N.Raju, learned counsel for the revision petitioners reiterating the grounds urged in the revision petition would contend that the material evidence placed on record are hardly sufficient to maintain the conviction for the offence under Section 326 of the Indian Penal Code, in the absence of original x-ray certificate and the radiological report.

6. Therefore, conviction of the accused persons for the offence under Section 326 of the Indian Penal Code needs to be set aside and by scaling down to offence under Section 324 of the Indian Penal Code. Therefore, he submits that suitable orders be passed by enhancing the fine amount reasonably and setting aside the imprisonment.

7. Per contra, Sri K.Nageshwarappa, learned High Court Government Pleader supports the impugned judgment by contending that the wound certificate mentions about the CT scan of the injured and it reflects that there is a fracture on the little finger of the left hand.

8. Therefore, offence under Section 326 of the Indian Penal Code needs to be maintained and revision petition is to be dismissed in toto.

9. Having heard the arguments of both sides, this Court perused the material on record meticulously.

10. On such perusal of the material on record, prosecution is successful in establishing the incident that occurred on 04.05.2015 at about 09.00 a.m. in front of the house bearing No.2565, V.V. Mohalla, Mysuru City.

11. The genesis of the incident as is propounded by the prosecution is that on 04.05.2015 at about 09.00 a.m. when PW-1 spilled the water in the gutter after washing the plate, after feeding her children, accused persons said to have restrained her from doing so.

12. First accused assaulted with hands on the body of the complainant. When CW-2 tried to rescue and enquire as to why complainant has been assaulted, accused No.2 took out a brick piece(M.O-1) and assaulted CW-2 on the head. Accused No.3 assaulted CW-2 on the cheek and caused fist injury. Also with the help of MO-2(iron spade), assaulted on the head whereby CW-2 sustained grievous injuries as per the wound certificate marked on behalf of the prosecution at Exhibit P-7.

13. PW-11, who is the doctor and author of Exhibit P-7 has withstood the searching cross-examination on behalf of the accused.

14. Absolutely no explanation is forthcoming on behalf of the accused while recording the accused's statement under Section 313 of the Code of Cri