Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(Kar) 39116

1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3^RD DAY OF JANUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL REVISION PETITION No.200049/2014
BETWEEN:
1.
Mareppa S/o. Yamunappa

Age: 23 YEARS, Occ: Coolie
2.
Sabanna S/o. Yamunappa

Age: 32 years, Occ: Coolie

Both R/o. Huda (B) Village

Tq: Sedam, Dist: Gulbarga

… Petitioners
(By Sri B. C. Jaka, Advocate)
AND:
State of Karnataka
Through the Malkhed Police Station,
Tq: Sedam, Dist: Gulbarga

… Respondent
(By Sri Gururaj V. Hasilkar, HCGP)

This Criminal Revision Petition is filed under Section
397(1) and 401 of Cr.P.C. praying to set aside the
judgment of conviction and order of sentence dated

2
12.04.2012 passed in C.C.No.43/2010 by the JMFC,
Sedam and judgment and order dated 15.07.2014 passed
in Crl.A.No.48/2012 by the I Addl. Sessions Judge,
Gulbarga by allowing this revision petition, consequently
acquit the petitioner 1 and 2 for the offence punishable
under Sections 324 and 325 of IPC and pass such other
relief that this
Court deems fit to grant in the
circumstances of the case.
This petition coming on for Hearing this day, the
Court made the following:

The prosecution must prove beyond reasonable doubt that the injuries sustained by the complainant are grievous injuries in order to convict the accused under Section 325 IPC.

Headnote:
CRIMINAL LAW - ASSAULT - SECTION 324 IPC - PROBATION - SECTION 360 CRPC - [Revision petition allowed in part. Accused acquitted for offence under Section 325 IPC and convicted for offence under Section 324 IPC. Ordered to execute bond for Rs.50,000/- each with surety for two years and pay fine of Rs.25,000/- each. Out of fine amount, Rs.40,000/- to be paid as compensation to complainant and balance Rs.10,000/- to be appropriated towards State expenses. In event of breach of bond conditions, accused to undergo simple imprisonment for one year.]
Fact of the Case:

Accused Nos.1 and 2 were convicted for offences under Sections 341, 323, 324, 325, 504 read with Section 34 of IPC. On appeal, accused No.3 was acquitted, while the conviction of accused Nos.1 and 2 was partly confirmed. Accused Nos.1 and 2 filed a revision petition challenging their conviction.
Finding of the Court:

The Court found that the prosecution had failed to prove that the injuries sustained by the complainant were grievous injuries, and thus, the conviction of the accused under Section 325 IPC was not justified. The Court also found that the accused were first-time offenders and were entitled to the benefit of probation.
Issues: 1. Whether the finding of the trial court that the accused were guilty of the offences under Sections 341, 323, 324, 325, 504 read with Section 34 of IPC was suffering from legal infirmity, perversity, and thus, called for interference?2. Whether the sentence was excessive?
Ratio Decidendi: 1. The Court held that the prosecution had failed to prove that the injuries sustained by the complainant were grievous injuries, and thus, the conviction of the accused under Section 325 IPC was not justified.2. The Court held that the accused were first-time offenders and were entitled to the benefit of probation.
Final Decision: Revision petition allowed in part. Accused acquitted for offence under Section 325 IPC and convicted for offence under Section 324 IPC. Ordered to execute bond for Rs.50,000/- each with surety for two years and pay fine of Rs.25,000/- each. Out of fine amount, Rs.40,000/- to be paid as compensation to complainant and balance Rs.10,000/- to be appropriated towards State expenses. In event of breach of bond conditions, accused to undergo simple imprisonment for one year.

This revision petition is filed by accused Nos.1 and 2,

who have suffered an order of conviction passed in

C.C.No.43/2010 by the JMFC Sedam for the offences

punishable under Sections 341, 323, 324, 325, 504 read

with Section 34 of Indian Penal Code (for short 'IPC'),

which came to be partly confirmed in Crl.A.No.48/2012

passed by the I Additional Sessions Judge, Kalaburagi by

judgment dated 15.07.2014.

Brief facts, which are necessary for disposal of

the revision petition are as under:

Upon the complaint lodged against three persons

namely, Mareppa, Sabanna and Tippanna, the Malkhed

police registered a case in Crime No.84/2009 for the

offences punishable under Sections 341, 323, 324, 325,

504 read with Section 34 of IPC. In the complaint, it is

contended that on 18.06.2009, at about 07.30 p.m., when

the complainant was returning from Moula’s Hotel after

consuming tea, in front of the house of Tippanna Kalunda,

accused No.1 abused the complainant - Anand and

restrained him from his free movement and at that

juncture accused No.2 came there and assaulted the

complainant with stick on his head, right knee and right

hand fingers and also accused No.3 assaulted the

complainant on his back with his hands. Thereafter, the

quarrel was pacified by the villagers. The police after

registering the case and after thorough investigation filed a

charge sheet against the accused persons for the aforesaid

offences.

The learned trial Magistrate after securing the

presence of the accused persons, framed charges. The

accused persons pleaded not guilty and accordingly, trial

was held.

In order to prove the case of the prosecution,

prosecution in all examined ten witnesses as PWs.1 to 10

and relied on six documents, which are exhibited and

marked as Exs.P1 to P6 and one material object has been

marked as MO.1. After conclusion of the prosecution

evidence, accused statement as contemplated under

Section 313 of Cr.P.C. was recorded, wherein, accused

persons denied all the incriminatory materials. However,

the accused persons failed to place their version on record

about the incident either by examining themselves or by

filing written submission as is contemplated under Section

313(5) of Cr.P.C.

Thereafter, the learned trial Magistrate heard

the parties in detail and by judgment dated 12.04.2012

convicted the accused persons for the aforesaid offence

and passed an order of conviction, convicting the accused

persons for the offence punishable under Section 341 read

with Section 34 of IPC and sentenced to undergo

imprisonment for a period of 15 days with fine of Rs.200/-,

in default, simple imprisonment for a period of 8 days. For

the offence under Section 323 read with Section 34 of IPC,

sentenced to undergo simple imprisonment for a period of

6 months and to pay fine of Rs.200/- each, in default,

simple imprisonment for a period of 3 months. For the

offence under Section 324 of read with Section 34 of IPC,

sentenced to undergo simple imprisonment for a period of

6 months and to pay fine of Rs.1,000/-, in default, simple

imprisonment for a period of 6 months. For the offence

under Section 325 read with Section 34 of IPC, sentenced

to undergo simple imprisonment for a period of one year

and to pay fine of Rs.1,000/- each, in default, simple

imprisonment for a period of 6 months and for the offence

under Section 506 read with Section 34 of IPC, sentenced

to undergo simple imprisonment for a period of 6 months

and to pay fine of Rs.500/- each, in default of payment,

they shall undergo simple imprisonment for a period of 6

months.

Being

aggrieved

the

said

conviction

judgment, accused approached the I Additional Sessions

Judge, Kalaburagi in Criminal Appeal No.48/2012. The

learned Sessions Judge after securing the records and

after hearing the arguments in detail modified the

judgment passed by the trial Magistrate by acquitting

accused No.3 and confirmed the order of conviction and

sentence as against accused Nos.1

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