IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G. BASAVARAJA, J.
Neelagiriyappa S/o Ramalingappa - Appellant
Versus
The State of Karnataka - Respondent
Criminal Revision Petition No. 1343 of 2018
Decided On : 18-08-2025
ORDER :
1. The accused-revision petitioners have preferred this revision against the judgment of conviction and order on sentence dated 07th June, 2018 passed by the Court of the I Additional Civil Judge & JMFC, Chitradurga (hereinafter referred to as 'Trial Court' for short) in C.C.No.986 of 2013 which is confirmed by the order dated 16th November, 2018 passed in Criminal Appeal No.31/2018 by the I Additional District & Sessions Judge, Chitradurga (hereinafter referred to as 'Appellate Court' for short).
2. For the sake of convenience, the parties herein are referred to as per their rank before the trial Court.
3. The facts leading to this revision petition indicate that the Chitradurga Rural Police filed charge sheet against the accused for the offence punishable under Sections 504, 323, 326, 354, 506 r/w 34 of INDIAN PENAL CODE.
4. It is alleged by the prosecution that on 17th June, 2013 at about 2.00 p.m., while the accused No.2 was parking the bicycle in front of the back door of the complainant’s house, the complainant requested accused No.2 to park the bicycle elsewhere, stating that passage through the said door was obstructed. At that time, accused No.2 allegedly abused the complainant in filthy language. Upon questioning by the complainant, accused 1 and 2, acting in concert, again abused the complainant. Accused No.1 allegedly dragged the complainant by holding the complainant’s tuft, and both accused assaulted the complainant with hands and legs. Accused No.2 allegedly assaulted the complainant with a wooden stick on both hands, causing fracture to the right hand. Further, the accused allegedly issued threats to take the complainant’s life. Thus, the accused committed the alleged offences.
5. After filing of the charge sheet, the jurisdictional Magistrate took cognizance against the accused for the aforesaid offences. The case was registered in CC.No.986 of 2013 and in response to summons, accused appeared before the trial Court and were enlarged on bail. Charges were framed against the accused for the alleged commission of offences. The accused, upon understanding the charges, pleaded not guilty and claimed to be tried.
6. To prove the charges of the accused, the prosecution examined eight witnesses as PWs1 to 8 and 27 documents were marked as Exs.P1 to P27. Upon closure of prosecution evidence, statement of the accused under Section 313 of Code of Criminal Procedure was recorded. The accused totally denied the evidence of prosecution witnesses but, have not chosen to lead any defence evidence on their behalf.
7. Having heard the arguments on both sides, the Trial Court convicted the accused 1 and 2 for offences punishable under Sections 323 , 326, 504, 506 read with Section 34 of INDIAN PENAL CODE. Further, the trial Court sentenced the accused to undergo simple imprisonment for a period of one year with fine of Rs.1,000/- each for the offence punishable under Section 323 r/w 34 of INDIAN PENAL CODE and in default of payment of fine, to undergo three months simple imprisonment. Further accused No.2 is punished for the offence punishable under Section 326 of INDIAN PENAL CODE with simple imprisonment of two years with fine of Rs.10,000/-, in default of payment of fine, to undergo simple imprisonment for six months, accused 1 and 2 are sentenced to undergo simple imprisonment for one year with fine of Rs.5,000/- each for the offence punishable under Section 504 r/w 34 of INDIAN PENAL CODE, in default of payment of fine, they shall undergo three months simple imprisonment and accused 1 and 2 are also sentenced to undergo simple imprisonment of one year with fine of Rs.5,000 each for the offence punishable under Section 506 r/w 34 of INDIAN PENAL CODE, in default of payment of fine, they shall undergo three months simple imprisonment. The trial Court acquitted the accused for the offence punishable under Section 354 of INDIAN PENAL CODE. Being aggrieved by the judgment of conviction and order on sentence, the accused prefer








The court ruled that in criminal proceedings, the prosecution must prove the case beyond reasonable doubt, and any inconsistencies or undue delays create reasonable doubt, necessitating acquittal.
Credibility of injured eyewitnesses is paramount; their testimony cannot be disregarded solely due to relationships with the complainant. Minor inconsistencies do not negate the prosecution's case.
The importance of explaining injuries on the accused and the impact of unexplained injuries on the prosecution's case.
The court emphasized the prosecution's burden to prove guilt beyond a reasonable doubt, ruling that inconsistencies and lack of credible evidence required acquittal.
Defective charge framing and unexplained FIR delay undermine the integrity of the trial, necessitating acquittal due to reasonable doubt on prosecution credibility.
The delay in sending the FIR did not affect the prosecution's case, and the court found no illegality or perversity in the lower courts' findings.
Procedural lapses in recording victim statements do not invalidate prosecution if evidence sufficiently proves guilt beyond reasonable doubt.
The court emphasized the necessity of independent witness testimony and the burden of proof on the accused for the plea of alibi in criminal proceedings.
The absence of corroborative evidence renders the sole testimony insufficient for conviction under criminal law.
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