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.

ORDER :

K V ARAVIND, J.

Heard Sri K. Anandkumar, learned counsel for the petitioners/accused and Sri T. Hanumareddy, learned Additional Government Advocate for the respondent-State.

2. The accused in C.C. No.1862/2010 has preferred this revision petition, being aggrieved by the judgment dated 18.02.2019 passed by the Court of the Additional Civil Judge and JMFC at Gokak (for short, ‘the trial court’), convicting him for the offences punishable under Sections 326 , 323, 504, and 506 read with Section 34 of the INDIAN PENAL CODE , 1860 (for short, ‘ IPC ’), as well as the judgment dated 25.11.2019 passed in Criminal Appeal No.54/2019 by the XII Additional District and Sessions Judge, Belagavi, sitting at Gokak (for short, ‘the appellate court’).

3. The case of the prosecution is that, on 08.10.2010 at about 3:00 p.m., PW.1 and her husband were residing in a hut situated on the land belonging to CW.4. The accused persons, alleging that PW.1 had taken away a pair of scissors belonging to them, picked up a quarrel with her. Accused No.1 is alleged to have assaulted PW.1 on the head with a stone, thereby causing grievous injuries. Accused Nos.2 and 3 are alleged to have assaulted her with hands and legs, sharing a common intention. Based on the report of the incident, marked as Ex.P1, an FIR was registered as per Ex.P6 for the offences punishable under Sections 326 , 323, 504, and 506 of IPC . After investigation, a charge sheet was filed for the aforesaid offences. The prosecution examined 09 witnesses, marked 06 documents as exhibits and produced 01 material object.

4. The trial court, upon consideration of the oral and documentary evidence, held that accused No.1 assaulted PW.1 with a stone, thereby causing grievous injuries and that accused Nos.2 and 3 assaulted her, resulting in simple injuries. In arriving at the said conclusion, the trial court placed reliance on the wound certificate marked as Ex.P5. It was further held that the injuries sustained by PW.1 were grievous in nature and that the accused had committed the offences punishable under the aforesaid sections. Accordingly, the trial court concluded that the prosecution had successfully proved the charges against the accused beyond all reasonable doubt.

5. The trial court sentenced accused No.1 to undergo simple imprisonment for a period of three years and to pay a fine of Rs.10,000/- for the offence punishable under Section 326 read with Section 34 of IPC . Similarly, accused Nos.2 and 3 were each sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.10,000/- for the said offence. Further, accused Nos.1 to 3 were each sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.10,000/- for the offence punishable under Section 323 read with Section 34 of IPC . They were also each sentenced to undergo simple imprisonment for a period of two months and to pay a fine of Rs.5,000/- for the offence punishable under Section 504 read with Section 34 of IPC , and to undergo simple imprisonment for a period of two months and to pay a fine of Rs.5,000/- for the offence punishable under Section 506 read with Section 34 of the IPC .

6. The accused preferred an appeal before the appellate court. Upon re-appreciation of the evidence and the findings recorded by the trial court, the appellate court modified the judgment and order.