Injured Complainant Denied Accused Attacked Him; Karnataka HC Acquits Man Of Grievous-Hurt Conviction

The prosecution alleged that, following a monetary dispute, accused No. 1 assaulted Mohammed Ibrahim with a chopper, injuring three fingers of his left hand; the other accused were alleged to have assaulted him with other objects.

The Sessions Court acquitted accused Nos. 2 to 4 and acquitted accused No. 1 of the charges under Sections 323, 324 and 307 read with Section 34 IPC, but convicted him under Section 326 IPC and sentenced him to two years’ rigorous imprisonment and a fine of Rs. 5,000.

Accused No. 1 appealed, contending that the conviction lacked supporting evidence.

The Court considered the offence of voluntarily causing grievous hurt by dangerous weapons under Section 326 IPC.

No judicial precedent or separate evidentiary doctrine was cited in the judgment.

The injured complainant denied that the appellant had assaulted him and denied the contents of his complaint and further statement; the other material witnesses also did not support the prosecution, and the prosecution elicited no favourable evidence from them in cross-examination.

Although the doctor confirmed the injuries recorded in the wound certificate, neither the doctor’s evidence nor the certificate identified the appellant as the assailant.

The Court therefore held that the conviction could not be sustained on the medical evidence alone, in the absence of supporting evidence connecting the appellant to the assault.

It set aside the Sessions Court’s judgment and acquitted the appellant of the offence under Section 326 IPC; it also directed the trial court to refund any fine paid.