Heard learned counsel for the appellant and the

learned High Court Government Pleader for respondent -

State.

2.

The appellant has filed this appeal under

Section 374(2) of Cr.P.C., praying to set aside the

judgment of conviction and order of sentence passed by

the District and Sessions Judge, Yadgiri (for short 'trial

Court') in S.C. No.3/2015 dated 17.01.2019 for the

offence under Section 324 of IPC.

3.

For the sake of convenience, the parties are

referred to as per their ranking before the trial Court. The

appellant is the accused and the respondent is the

complainant - State.

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4.

Brief facts of the prosecution case are as under:

a)

On

14.04.2014

PW3

-

Channappa

S/o.

Sharanappa filed a complaint alleging that he is resident of

Havinal Village, he has three daughters, by name, Geetha,

Sangeeta,

Bhagyashree

and

two

sons

by

name,

Sharanabasava and Basavaraj; his elder daughter Geetha

is married and they are residing in the same house.

Accused is none other than his uncle's son and happens to

be his brother, he and accused are residing in the house

beside each other and they pass through a single main

door to enter the house. Accused was in the habit of

quarreling with the complainant and his family members

under intoxication condition and always demanding for

partition of the house. On many occasions the elders of

the family got advised accused regarding partition of the

house, but he did not heed the advise of elders. On

14.04.2014, the complainant and his wife Kasturi had

been to Shorapur for attending some personal work and

when his mother and his children were in the house at

4:00 p.m., accused took quarrel with PW4 - Sangeeta and

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assaulted her with axe on head and caused bleeding

injuries. Hence, PW3 lodged complaint. Based on the

complaint the case has been registered against the

appellant and there after charge-sheet has been filed

against accused for the offence punishable under Sections

323, 324, 326, 307, 354, 504 and 506 of IPC.

b)

After

filing

of

the

charge

sheet,

the

jurisdictional Magistrate took cognizance of the alleged

offences

under

Section

190(1)(b)

of

Cr.P.C.,

and

committed the case to the Court of Sessions. The trial

Court after hearing both side, framed the Charge against

accused for the aforesaid offences, for which accused

pleaded not guilty and claimed to be tried.

c)

The prosecution in order to prove its case in all

examined 15 witnesses as PWs.1 to 15 and got marked

Exs.P1 to P14 and material objects MO1 to 5. For the

defence Exs.D1 to D5 were marked. On conclusion of the

trial, the statements of accused persons were recorded by

the trial Court under Section 313 of Cr.P.C.

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d)

The trial Court framed the following points for

consideration which is as under;

1. Whether the prosecution proves that on

14.04.2014 at about 4.00 p.m. at Havinal

Village, when the CW6, 8, 9, 10 & 11 were

sitting and talking in the house, the

accused

suddenly

abused

CW8

and

assaulted her with hands, thereby the

accused committed the offence punishable

U/Sec.

323,

354

of

IPC

beyond

all

reasonable doubts?

2.

Whether the prosecution proves that on

the alleged date, time and place, the

accused attached with axe assaulted CW6

on her both hands and caused grievous

bleeding injury to her left hand, thereby

the

accused

committed

the

offence

punishable U/Sec. 326 of IPC beyond all

reasonable doubts?

3.

Whether the prosecution proves that on

the alleged date, time and place, the

accused assaulted CW6 with axe on her

hands, thereby the accused committed the

offence punishable U/Sec. 324 of IPC

beyond all reasonable doubts?

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4.

Whether the prosecution proves that on

the alleged date, time and place, the

accused with an intention to murder CW6

assaulted her with axe on her head and

caused bleeding injury, thereby committed

the offence punishable U/Sec. 307 of IPC

beyond all reasonable doubts?

5.

Whether the prosecution proves that on

the alleged date, time and place, the

accused a