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2020 Supreme(Kar) 719
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B. Veerappa, M.I. Arun, JJ.
Karegowda - Appellant
Versus
State Of Karnataka - Respondent
Criminal Appeal No. 224 of 2015
Decided On : 25-06-2020
Karthik Yadav U, Advocate, S.K. Venkata Reddy, Advocate, S. Rachaiah, Advocate
The main legal point established in the judgment is that the intention to cause death is essential for a conviction under Section 307 of the IPC, and the delay in filing the FIR can be a curable defect.
Headnote:
Conviction Appeal - Indian Penal Code - Sections 143, 147, 323, 324, 504, 506, 307 r/w 149 - Summary
Fact of the Case:
The appellants were convicted for various offences under the Indian Penal Code, including forming an unlawful assembly, assault, and causing grievous injuries. The incident involved the accused assaulting the complainant and his wife, resulting in injuries. The complaint was lodged after a delay of 36 hours.
Finding of the Court:
The court found that the accused had committed the offences punishable under Sections 323 and 325 of the IPC, but not under Section 307. The court also noted that there was a curable defect in the delay in filing the FIR.
Issues: The main issue was whether the accused had the intention to cause death, justifying a conviction under Section 307 of the IPC.
Ratio Decidendi: The court held that the accused did not have the intention to cause death, as required for a conviction under Section 307. The court also noted that the delay in filing the FIR was a curable defect.
Final Decision: The court acquitted one of the accused and reduced the punishment for the others, convicting them under Sections 323 and 325 of the IPC instead of Section 307.
JUDGMENT
B. Veerappa, J. - This appeal is preferred by the appellants challenging the judgment of conviction and order of sentence dated 28.01.2015 passed by Fast Track Court, Tumkur, made in S.C.No.278/2012, wherein the appellants/accused nos.1 to 3 and 5 have been found guilty and convicted for the offences punishable under Sections 143, 147, 323, 324, 504, 506 and 307 r/w 149 of the Indian Penal Code, 1860 ('IPC' for short). The order of sentence reads as under:
"The accused No.1 to 3 and 5 are sentenced to life imprisonment for an offence punishable under Section 307 read with Section 149 I.P.C.
The accused No.1 to 3 are sentenced to undergo simple imprisonment for three months for an offence punishable under Sec.143 read with Sec.149 I.P.C. and accused No.5 is sentenced to pay fine of Rs.1,000/- for an offence punishable under Sec.143 read with Sec.149 I.P.C. and in default to undergo simple imprisonment for 45 days.
The accused No.1 to 3 are sentenced to undergo simple imprisonment for six months for an offence punishable under Sec.147 read with Sec.149 I.P.C. and accused No.5 is sentenced to undergo simple imprisonment for three months for an offence punishable under Sec.147 read with Sec.149 I.P.C.
The accused No.1 to 3 are sentenced to undergo simple imprisonment for six months for an offence punishable under Sec.323 read with Sec.149 I.P.C. and accused No.5 is sentenced to undergo simple imprisonment for three months for an offence punishable under Sec.323 read with Sec.149 I.P.C.
The accused No.1 to 3 are sentenced to undergo simple imprisonment for two years for an offence punishable under Sec.324 read with Sec.149 I.P.C. and accused No.5 is sentenced to undergo simple imprisonment for one year for an offence punishable under Sec.324 read with Sec.149 I.P.C.
The accused No.1 to 3 and 5 are sentenced to pay a fine of Rs.2,000/- each for an offence punishable under Sec.504 read with Sec.149 I.P.C. and in default to undergo simple imprisonment for 6 months. The accused No.1 to 3 are sentenced to undergo simple imprisonment for one year for an offence punishable under Sec.506 read with Sec.149 I.P.C. and accused No.5 is sentenced to pay fine of Rs.2,000/- for an offence punishable under Sec.506 read with Sec.149 I.P.C. and in default to undergo simple imprisonment for six months.
All the sentences shall run concurrently."
2. The brief facts of the case are as under:
It is the case of the prosecution that on 13.09.2011 at 7 a.m., CW.1 and CW.2 had supplied milk to the dairy and they were returning to Honnenahalli, the accused persons formed an unlawful assembly, went to the house of P.W.1 (C.W.1), which was given to him by his parents and the accused persons were laying tiles on the front side of the house, when P.W.1 (C.W.1) questioned accused no.1 as to why they were laying tiles to the house belonging to P.W.1 (C.W.1) and informed them not to put tiles and that they would get the house vacated, the accused persons told him that the house belongs to them and they will lay the tiles and if P.W.1 (C.W.1) and others questioned them, the accused persons would do away with the life of P.W.1 and others. Thus, they posed a threat to their lives and also abused P.W.1 and P.W.2 with filthy language.
3. It is further case of the prosecution that accused no.1 has also assaulted P.W.1 on the backside of left leg, on the right side of the waist and on the right side of the neck with a club in his hand, causing blood injuries and accused No.2 with an intention to kill P.W.1 (C.W.1), stabbed him on the right side of the stomach with the club, causing grievous injury and also assaulted him with the club on the right side of the neck, left side of the waist and left side of the stomach, accused No.3 strangled C.W.1, accused No.4 punched C.W.1 on the back with the hands and accused No.5 assaulted C.W.1 with hands and when C.W.2 came to the rescue of C.W.1, accused No.5 bit P.W.2 (C.W.2) near the left shoulder and also scratched the left
