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2020 Supreme(Kar) 1016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU (DHARWAD BENCH)
B.A. Patil, M.G. Uma, JJ.
Rama Laxman Patil - Appellant
Versus
State Of Karnataka, Through: Kakati Police R/by Spp High Court Of Karnataka - Respondent
Criminal Appeal No. 100109 of 2016
Decided On : 22-06-2020
S.B. Deyannavar, Advocate, V.M. Bankar, Advocate
The main legal point established in the judgment is the importance of consistency and corroboration of evidence in proving the guilt of the accused beyond reasonable doubt.
Headnote:
POCSO - Criminal Law - IPC Sections 143, 148, 341, 324, 504, 506, 307, 302 r/w Section 149 - The court discussed the incident where the accused formed an unlawful assembly and assaulted the deceased resulting in his death. The court analyzed the evidence of witnesses, the injuries sustained, and the motive behind the incident. The court found the prosecution successful in proving the guilt of the accused beyond reasonable doubt and confirmed the judgment of conviction and order of sentence.
Fact of the Case:
The deceased and the accused, who were relatives, had a dispute over immovable properties. The accused formed an unlawful assembly and assaulted the deceased resulting in his death. The prosecution contended that the accused had ill-will towards the deceased due to the property dispute.
Finding of the Court:
The court found the prosecution successful in proving the guilt of the accused beyond reasonable doubt. The court analyzed the evidence of witnesses, the injuries sustained, and the motive behind the incident. The court concluded that the accused were not successful in taking any specific defense and confirmed the judgment of conviction and order of sentence.
Issues: The issues included whether the prosecution successfully proved the guilt of the accused for the offenses and whether the judgment of conviction and order of sentence should be interfered with.
Ratio Decidendi: The court relied on the consistency of the prosecution witnesses, the corroboration of the first information, and the injuries sustained by the deceased to conclude that the prosecution successfully proved the guilt of the accused beyond reasonable doubt.
Final Decision: The appeal was dismissed as devoid of merits. The judgment of conviction and the order of sentence were confirmed. The bail bonds of accused No.6 to 10 and surety bonds were cancelled, and a conviction warrant was issued against accused Nos.1 to 3, 5 to 10 to serve the sentence.
JUDGMENT
M.G.Uma, J. - The appellant Nos.1 to 10 who were arrayed as accused Nos.1 to 4, 7, 9 to 13, have preferred this appeal aggrieved by the impugned judgment of conviction and order of sentence dated 5/4/2016 passed in SC No.340/2013 on the file of the Special Court (POCSO) and SC/ST (Prevention of Atrocity) and III Additional District & Sessions Judge, Belgaum, (hereinafter referred to as "the trial Court"), whereunder these accused were convicted for the offences punishable under Sections 143, 148, 341, 324, 504, 506, 307, 302 r/w Section 149 of IPC.
2. It is stated that no charge sheet was fi led against accused No.5 and accused No.6 is a juvenile tried before the Juvenile Justice Board and accused No.8 is already dead.
3. During the pendency of the appeal, The learned Advocate for the appellants filed a memo reporting the death of accused No.4 along with his death extract. Vide order dated 8/6/2020 the appeal preferred by accused No.4 stands abated.
4. The respondent State is notified. Heard the learned Advocate for the appellants Sri. S.B.Deyannavar and learned Additional SPP Sri . V.M.Banakar for the State.
5. It is the contention of the prosecution that the accused and deceased were relatives and the residents of Jumnal village were having dispute with regard to the immovable properties. There were frequent quarrel between the two fractions. On 5/7/2013 at 2.00 p.m., it is stated that accused Nos.1 to 4 plucked the jackfruit from the tree for which the informant, his father and other members in the family objected. There was verbal altercation between two fractions. Further it is stated that on the same day at 9.30p.m., al l accused Nos.1 to 13 formed themselves into unlawful assembly, armed with stones, club and also chili powder, came near the house of the informant, picked up quarrel with the father of the informant who is the deceased Mal lappa Shettu Patil and accused Nos.1, 3 and 6 assaulted with stones while accused Nos.4 and 8 were holding the deceased. In the meantime, accused Nos.2 and 7 assaulted with clubs and accused Nos.9 and 10 have thrown chili powder and accused Nos.11 and 13 have pushed the deceased aside and caused him fetal injuries and in the meantime, accused No.6 pushed CW-9 aside and caused injuries.
6. Due to the fetal injuries sustained by Mal lappa Patil, he died on the spot, i.e. in front of his house. The incident was viewed by PW-1, the first informant, who is the son of the deceased, PW-6 another son of the deceased, who sustained injury in the incident, PW-8 the wife of the deceased and PW-7 and PW-9 who were the neighbourers. It is stated that after the incident, PW-1 lodged first information as per Ex.P1 and set the criminal law into motion.
7. The Investigating Officer investigated into the mater and fi led charge sheet against accused Nos.1 to 4, 7, 9 to 13 for the above said offences. The learned Magistrate took cognizance of the matter and after securing the presence of the accused and following the procedure under Section 207 of Cr.P.C., committed the case to the leaned Principal Sessions Judge for trial, which in turn was made over to the trial Court.
8. The trial Court after securing the presence of the accused, framed the charges against the accused for the above said offences. The accused have pleaded not guilty and claimed to be tried.
9. To prove its contention, the prosecution has examined PWs.1 to 14, got marked Exs.P1 to 24 and identified MOs.1 to 9. The statements of the accused under Section 313 of Cr.P.C. were recorded and the accused have denied all the incriminating materials available on record, but, have not chosen to lead any evidence in support of their defence.
10. The trial Court after taking into consideration al l these materials on record came to the conclusion that the prosecution is successful in proving the guilt of accused Nos.1 to 4, 7, 9 to 13 for the offences punishable under Sections 143, 148, 341, 324, 504, 506, 307, 302 r/w Section 149 of IPC, c
