Karnataka HC Upholds Man’s Chopper-Attack Conviction In Family Land Dispute, Credits 1 Year 4 Days In Custody Against Sentence

The appellant challenged his conviction under Section 326 IPC and sentence of one year’s imprisonment and a fine of ₹2,000, imposed by the Sessions Court.

The prosecution case was that, during a land dispute, the appellant assaulted the injured witness with a chopper, causing injury near his left ear.

The trial court acquitted the appellant and co-accused of the other charged offences but convicted the appellant under Section 326 IPC.

The appellant disputed the reliability of the evidence and the classification of the injury as grievous; he had already deposited the fine and spent one year and four days in judicial custody.

Section 326 IPC was the basis for the appellant’s conviction for voluntarily causing grievous hurt by a dangerous weapon.

Under Section 428 CrPC, a period of detention undergone by an accused during investigation, inquiry or trial before conviction must be set off against the term of imprisonment imposed on conviction, except where the sentence is imprisonment in default of payment of a fine.

The High Court considered the injured witness’s account, corroborating eyewitness testimony, and the treating doctor’s evidence that the injuries were grievous. It found the evidence sufficient to sustain the conviction and identified no factual or legal error warranting interference.

On sentence, it held that the appellant was entitled to set-off under Section 428 CrPC and noted that he had already undergone one year and four days in custody and had paid the fine.

As he had already served more than the one-year term, the Court directed that no conviction warrant be issued.