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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
V Srishananda, J.
Hanamanth @ Basavaraj, S/o Hanamanth Chavan - Petitioner
Versus
State Through Gurumitkal PS - Respondent
Criminal Revision Petition No. 200059 of 2020 (397(Cr.PC)/438(BNSS))
Decided On : 04-07-2025
| Table of Content |
|---|
| 1. conviction and appeals process overview. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding adequacy of evidence. (Para 6 , 14) |
| 3. overview of defense arguments and support for the conviction. (Para 7) |
| 4. importance of injured witness testimony. (Para 8 , 21) |
| 5. emphasis on evidence standards for grievous injury. (Para 15) |
| 6. requirements for proving grievous injury. (Para 16 , 18 , 19 , 20) |
| 7. final ruling on conviction and penalty adjustments. (Para 22 , 23 , 24 , 25) |
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 conviction and sentence passed by the learned Trial Judge.
5. Being further aggrieved by the same accused is before this Court in this revision petition.
6. Learned counsel for the revision petitioner contended that to substantiate that injured Sharanappa examined as PW-1 sustained grievous injuries, there is no material on record except the wound certificate and therefore recording an order of conviction is incorrect for the offence punishable under Section 326 of the INDIAN PENAL CODE and sought for allowing the revision petition.
7. Per Contra, Sri Jamadar Shahabuddin, learned High Court Government Pleader supports the impugned judgments.
8. Having heard the parties in detail, this court perused the material on record meticulously.
9 On such perusal of the material on record, it is crystal clear that as is enunciated by the prosecution, on 09.05.2011 there was a quarrel and the complainant sustained grievous injuries. Immediately, he was shifted to Government Hospital, Gurmitkal.
10. In fact, based on the MLC report over telephone, police visited the Government Hospital, Gurmitkal and on enquiry with the complainant, the complaint came to be registered.
11. Prosecution placed on record evidence of the complainant witness as well as Doctor Who issued the wound certificate vide Ex. P-4.
12. Material object used in the incident are broken water pipe and talwar. Seizure mahazar and spot mahazar are also placed on record which would corroborate the oral testimony of the complainant who is the injured witness.
13 It is settled principles of law and requires no emphasis that testimony of injured witness is to be kept on higher pedestal while appreciating the material evidence on record. PW-1 having been the injured why would he allow the culprit to escape from clutches of law and falsely implicate the revision petitioner in the incident remains unanswered by the defence.
14. Crowning all these aspects of the matter, revision petitioner has denied all incriminatory materials and did not chose to place any defence evidence on record.
15. Based on these aspects of the matter learned trial Judge recorded an order of conviction for the offence punishable under Section 326 of the INDIAN PENAL CODE .
16. What is pertinent to note is that except Ex P-4 the oral testimony of the doctor there is no material
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.
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