IMPORTANT POINT
Courts should impose fine and compensate the victims out of this amount in terms of section 357(1), CrPC.

Judgment

R. BANUMATHI, J.

Leave granted.

2. This appeal arises out of the judgment dated 30.11.2011 passed by the High Court of Karantaka, Circuit Bench at Dharwad in Criminal Appeal No.515/2010 modifying the conviction of the appellants from Section 307 IPC read with Section 34 IPC to Section 326 IPC read with Section 34 IPC reducing the sentence of imprisonment from three years to three months and confirming the conviction under Section 427 IPC read with Section 34 IPC, thereby reducing the sentence of imprisonment imposed on each of the accused from six months to three months further directing the sentences to run concurrently and imposing a fine of Rs. 10,000/-.

3. The appellants and the complainant-Vishveshwar Parameshwar Hegde (PW-1) are the real brothers and are children of Smt. Bharati (PW-8). Due to quarrel with the appellants, PW-1 voluntarily left the parental house and started living separately. On 23.12.2001, complainant– Visheshwar Parameshwar Hegde (PW-1) along with four persons viz., PW-2 Chandru V. Bhat, PW-3 Kiran R. Bhat, PW-4 Chandranath V. Bhat, and PW-5 Madhukar L. Hegde came in a Maruti car to his parental house in order to remove the almirah and his other personal belongings, for which the appellants objected which resulted in quarrel between the parties. In the heat of moment, appellant No.1 hit the complainant with club and when PWs 2 to 5 came to PW-1’s rescue, they were also indiscriminately attacked by all the three appellants with chopper and sickles. The appellants also damaged the car glasses and tyres, in which PW-1 came along with his associates. In the scuffle, the appellants also received simple injuries. PW-1 and other injured witnesses somehow got themselves rescued and were admitted in the Government Hospital, Sirsi. Based on the statement of PW-1, on the same day, F.I.R. was registered in Crime No. 146/2001 with the Sirsi Rural Police Station for the offences punishable under Sections 307, 324, 326,427, and 506 IPC read with Section 34 IPC. PW-14 Investigating Officer had taken up the investigation and went to the place of occurrence and recovered the weapons of assault (MOs 1 to 3) and drew the spot panchnama, arrested the accused-appellants and seized the blood stained clothes of the appellants. After completion of investigation by PW14, charge sheet came to be filed against the appellants for the aforesaid offences. Case was committed to the Sessions Court and charges under Sections 307, 427 IPC read with Section 34 IPC were framed against the accused–appellants. To prove their case, prosecution examined 14 witnesses and exhibited 26 documents and 15 material objects.

4. Upon appreciation of the evidence on record, trial court arrived at the conclusion that the nature of weapons and nature of grievous injuries caused to the injured witnesses (PWs 1 to 5) would show the intention and knowledge of the appellants–accused to kill the complainant and his associates and by its judgment dated 29.4.2010 convicted the appellants for the offences punishable under Sections 307 and 427 IPC read with Section 34 IPC. Each of the appellants were sentenced to undergo rigorous imprisonment for three years with a fine of Rs.4,000/- with default clause for offence under Section 307 IPC read with Section 34 IPC. For the conviction under Section 427 IPC read with Section 34 IPC, appellants were sentenced to undergo rigorous imprisonment for six months with fine of Rs.5,000/-each with default clause.

5. Appellants being aggrieved by their conviction and sentence, filed appeal before the High Court of Karnataka, Circuit Bench at Dharwad. State being aggrieved by the inadequate sentence awarded to the appellants under Section 307 IPC, preferred cross appeal for enhancement of the sentence. By the common judgment dated 30.11.2011, the High Court partly allowed the appeal of the appellants and modified the conviction of the appellants from Section 307 IPC read with Section 34 IPC to Section 326 IPC read with Section