2020 (3) AKR 220 ::AIROnline 2020 Kar 988 ::(2020) 5 Kant LJ 86 (Kar)

Karnataka High Court

Hon'ble Judge(s): K. Somashekar , J

(A) Penal Code (45 of 1860) , S.341, S.324, S.326— Evidence Act (1 of 1872) , S.3— Wrongful restraint and voluntarily causing grievous hurt - Testimony of eyewitness - Accused allegedly obstructed complainant and assaulted him with handle of spade on his head, hand and leg, resulting into simple and grievous injuries - Testimony of complainant corroborated by independent eyewitnesses - Medical report from Govt. Hospital supporting prosecution case - Initially FIR recorded only for offence under Ss. 341, 324, subsequently offence under S. 326 added - However, neither medical report from hospital brought on record, nor Doctor of said hospital summoned - Conviction for voluntarily causing grievous hurt, not proper - Conviction for causing wrongful restraint and voluntarily causing hurt, proper. (Para 22 24 25 26) (B) Penal Code (45 of 1860) , S.53, S.341, S.324— Sentence - Modification - Sentence under S. 341 modified from RI of one month and fine of Rs. 500/- to fine of Rs. 500/- only - And as grievous injuries caused by dangerous weapon i.e. handle of spade, on head, hand and leg - Sentence of fine under S. 324 increased from fine of Rs. 2000/- to Rs. 7000/-. (Para 25) ....