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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
V.Srishananda
Hanamanth @ Basavaraj, S/o Hanamanth Chavan – Appellant
Versus
State Through Gurumitkal PS – Respondent
ORDER :
V Srishananda, J.
Heard Sri S.B. Sangolagi, learned counsel for the revision petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the State.
2. Revision petitioner is the accused who suffered an order of conviction in C.C No.360/2011 on the file of the Civil Judge and JMFC, Yadgiri, for the offence punishable under Sections 504 , 326, 323, 506 of the INDIAN PENAL CODE and sentenced as under:
| Offence punishable under Section | Punishment | Fine | Default Sentence |
| 504 IPC | 06 months simple imprisonment | Rs.1,000/- | 02 months simple imprisonment |
| 323 IPC | 06 months simple imprisonment | Rs.1,000/- | 02 months simple imprisonment |
| 326 IPC | 03 years rigorous imprisonment | Rs.5,000/- | 01 year simple imprisonment |
| 506 IPC | 06 months simple imprisonment | Rs.1,000/- | 02 months simple imprisonment |
3. Validity of the said order of conviction and sentence was questioned before the District and Sessions Judge, Yadgir, in Criminal Appeal No.2/2016.
4. Learned Judge in the First Appellate Court after securing the records heard the arguments of the parties and on re- appreciation of the material evidence on record, by the judgment dated 11th August 2020 dismissed the appeal and confirmed the order of convict
Grievous injury claims require substantive medical evidence; corroborative testimony from injured witnesses is pivotal in determining the validity of such charges under the Indian Penal Code.
The prosecution must provide medical and radiological evidence to establish grievous injuries for conviction under Section 326 IPC, emphasizing due process and the right to a speedy trial.
The prosecution must prove grievous injuries beyond reasonable doubt, including medical corroboration, or charges must be downgraded to lesser offences accordingly.
Conviction requires adequate evidence; lack thereof necessitates a reduction in charges and sentencing.
Modification of conviction requires evidence consistency; appellate courts must ensure convictions align with the facts presented without assuming the trial court's findings are absolute.
Convictions under Sections 323, 326, and 504 modified based on evidence of injury nature and familial dispute, emphasizing enhancements in sentencing focused on fine rather than imprisonment.
The requirement of radiologist examination and production of x-ray files to prove the nature of injuries is essential in cases involving the determination of the nature of injuries under the Indian P....
The central legal point established in the judgment is the consideration of the nature of the injury in determining the offence under Section 326 IPC, and the court's discretion to modify the sentenc....
The court held that the conviction under Section 326 of IPC based on legally inadmissible evidence was a gross illegality.
Conviction under Section 324 IPC upheld based on evidence, while the charge under Section 307 IPC was invalidated due to lack of intent, leading to a reduced sentence based on the time elapsed since ....
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