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2025 Supreme(Kar) 1466

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

Advocates Appeared:
For the Appellant B.M. Siddappa
For the Respondent: M.R. Patil

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.

Headnote:(A) Indian Penal Code - Sections 504, 323, 326, 354, 506 r/w 34 - Criminal Revision Petition - Conviction and sentence by Trial Court upheld by Appellate Court - Revision petitioners sought acquittal - Prosecution alleged physical assault leading to grievous injury, but evidence analyzed showed substantial lapses and inconsistencies resulting in doubt - Issues included delay in FIR submission and credibility of witnesses. (Paras 6, 13, 18, 20)

(B) Criminal Procedure Code - Section 313 - Requirement of impartial and just investigation - Doubts raised regarding prosecution's failure to provide independent corroboration of essential elements of the case and reliance on testimony affected by outside influences. (Paras 12, 24)

Facts of the case:
The revision petitioners were convicted for violent offences including grievous assault on the complainant during a dispute over property. Delay in FIR submission, lack of independent witnesses, and contradictions in witness testimony were highlighted by defence. (Paras 3, 4, 7, 11)

Findings of Court:
The Court determined the prosecution failed to substantiate the claims of assault, creating reasonable doubt regarding the accused's guilt. (Paras 14, 21)

Issues: The key issues revolved around the integrity of the FIR submission and evaluation of the conviction based on witness testimonies (Para 12).

Ratio Decidendi: The revision court emphasized the principle that in cases of doubt, the benefit must extend to the accused affirming that the prosecution had not met its burden to establish guilt beyond reasonable doubt. (Paras 24)

Result: Revision petition allowed; accused acquitted of all charges.

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

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