J U D G M E N T

Crime No.277 of 2007 was registered in the Manjeshwar police station for the offence punishable under Section 308, 332 and 34 of IPC, on the allegation that, when PW1 was on duty as a peon at Sales tax check post at Baikkatta in Paivalige village, on 6.9.2007 the accused persons came in a Maruti car and when there was some delay from the part of PW1 to open the barricade, the accused annoyed by this delay, beat A1 with an iron lever spanner on his head and the second accused slapped and pushed PW1 and thus inflicted injuries. According to the prosecution, due to the above attack made by A1 and A2, PW1 has been deterred from discharging his official duty. The trial court while acquitting the accused for the offence punishable under Section 308 of IPC, convicted the appellant for the offence under Section 332 of IPC and sentenced him to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.2,000/- and in default he is directed to undergo rigorous imprisonment for a further period of 6 months. It is also ordered that on realisation of the fine amount, the entire fine amount shall be paid to PW1 by way of compensation under Section 357(1)(b) of Cr.P.C. Aggri