IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF MARCH 2020

BEFORE

THE HON’BLE Dr. JUSTICE H.B. PRABHAKARA SASTRY

CRIMINAL APPEAL No.69 OF 2014

BETWEEN:

Arun @ Pintu,

Aged about 22 years

S/o. Late Krishnappa

R/at No.62, 3^rd Cross

Near Iddu House, Bandepalya,

Garvebhavipalya,

Bangalore City – 560 068.

…Appellant

(By Dr. J.S. Halasetti, panel advocate of

High Court Legal Services Committee)

AND:

State of Karnataka by S.H.O.

Madivala Police Station,

Rep.by S.P.P.

Bangalore City – 560 068.

…Respondent

(By Sri.Showri H.R., HCGP)

****

This Criminal Appeal is filed under Section 374(2) of

Cr.P.C praying to set aside the judgment of conviction and

order on sentence dated 04-01-2014 passed by the LI

Additional City Civil and Sessions Judge at Bangalore City

Crl.A.No.69/2014

2

in S.C.No.73/2013, convicting the appellant/accused for

the offences punishable under Sections 427 and 326 of IPC

and sentencing to undergo Simple Imprisonment for two

years and to pay fine of `1,000/-, in default to pay fine, to

undergo simple imprisonment for three months for the

offence punishable under Section 326 of IPC and to

undergo simple imprisonment for three months for the

offence punishable under Section 427 of IPC, etc.

This Criminal Appeal coming on for Hearing, this day,

the Court delivered the following:

J U D G M E N T

The present appellant as the sole accused was

tried and later convicted by the LI Additional City Civil

and Sessions Judge at Bangalore City (hereinafter

referred to as `Trial Court’ for brevity), in Sessions

Case No.73/2013, by its judgment of conviction and

order on sentence dated 04-01-2014, for the offences

punishable under Sections 427 and 326 of the Indian

Penal Code, 1860 (hereinafter referred to as `IPC’ for

brevity) and was sentenced accordingly. It is against

the said judgment of conviction and order on

Crl.A.No.69/2014

3

sentence, the appellant/accused has preferred this

appeal.

2. The summary of the case of the prosecution

before the Trial Court is that, PW-2 – Somashekara

the complianant and the victim in this matter was

running a provision store in the name and style of

‘M/s. Sneha Provision Store’ at Gangamma Circle,

Hosapalya

Main

Bandepalya,

Bengaluru.

On

24-10-2012, at about 7:15 p.m., the accused went to

the said shop of PW-2 - Somashekara and all of a

sudden, destroyed and damaged the bottles and the

contents of the bottles including the eatables which

were stored in the bottles in the shop of PW-2 and

also using a razor which he was possessing inflicted

several injuries upon PW-2 - Somashekhara.

Initially, the complaint lodged by none else than

the alleged victim was for the offences punishable

Crl.A.No.69/2014

4

under Sections 427, 324 of IPC. However, after

investigation, the charge sheet was filed against the

accused for the offences punishable under Sections

427 and 307 of IPC. Charges were framed

accordingly for the offences punishable under Sections

427 and 307 of IPC.

3. Since the accused pleaded not guilty, in order

to prove the charges leveled against the accused, the

prosecution examined in all nine witnesses from PW-1

to PW-9 and got marked documents from Exhibits P1

to P5(a). Material Objects from MO-1 to MO-5 were

marked from the prosecution side.

Neither any witnesses were examined nor any

documents were marked as exhibits from the side of

the accused.

Crl.A.No.69/2014

5

4. After hearing both side, the Trial Court by its

impugned judgment dated 04-01-2014, convicted him

for the offences punishable under Sections 427 and

326 of IPC and sentenced him accordingly. It is

against the said judgment of conviction and order on

sentence, the accused has preferred this appeal.

5. The trial Court records were called for and

the same are placed before th