2022 Supreme(Online)(Kar) 45870
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2022
BEFORE
THE HON9BLE Dr. JUSTICE H.B. PRABHAKARA SASTRY
CRIMINAL REVISION PETITION No.634 OF 2013
BETWEEN:
1.
Siddappa,
Son of Basappa,
Aged about 50 years.
2.
Yogeesha,
Son of Siddappa,
Aged about 26 years.
3.
Ningamma,
W/o Basappa,
Aged about 63 years.
4.
Basavaraju,
S/o Siddappa,
Aged about 24 years.
All are residing at
Haralahalli Village,
Javagal Hobli,
Arasekere Taluk- 573103.
..Petitioners
(By Sri.Vikyath, for Sri. Shankarappa S., Advocate)
Crl.R.P.No.634/2013
2
AND:
State by Inspector of Police
Javagal Police Station
Represented by S.P.P,
High Court Building,
Bangalore-560001.
.. Respondent
(By Sri. Vinayaka, V.S., High Court Govt. Pleader)
****
This Criminal Revision Petition is filed under Section 397 read
with Section 401 of the Code of Criminal Procedure, 1973, praying
to set aside the judgment of conviction dated 30.01.2013 passed in
C.C 296/2011 disposed on the file of Hon'ble Additional Civil Judge
and J.M.F.C., Arasikere and II Additional District and Sessions
Judge at Hassan in Crl.Appeal No.28/2011 dated 03.07.2013, the
petitioners may be acquitted by allowing this petition in the interest
of justice.
This Criminal Revision Petition coming on for Final Hearing,
through physical hearing/video conferencing hearing this day, the
Court made the following:
The present petitioners were accused persons in the
Criminal Case No.296/2011, in the Court of the learned
3
Additional Civil Judge and J.M.F.C., Arasikere, (hereinafter for
brevity referred to as <the Trial Court=), who, by the
judgment of conviction and order on sentence dated
30-01-2013 of the Trial Court, was convicted for the offences
punishable under Sections 323, 324, 320, 504, 506 read with
Section 34 of the Indian Penal Code, 1860 (hereinafter for
brevity referred to as <the IPC=) and were sentenced
accordingly.
Aggrieved by the same, the accused (petitioners herein)
preferred an appeal in Criminal Appeal No.28/2011, in the
Court of the II Additional District and Sessions Judge at
Hassan, (hereinafter for brevity referred to as <the Sessions
Judge9s Court=).
2. The Sessions Judge's Court, after hearing the
arguments of both side and perusing the materials placed
before it, framed the following points for its consideration:
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1)
Whether the prosecution has proved the
charges leveled against the accused Nos.1 to 4?
2)
whether the impugned order under appeal
deserves to be interfered with? If so, on what terms?
3)
What order?"
The Sessions Judge's Court, after hearing both side, by
its judgment and order dated 03-07-2013, answered point
No.1 in the affirmative, point No.2 partly in the affirmative and
proceeded to pass the following order:
"ORDER
a)
Appeal filed by the appellants is dismissed.
b)
Sentence passed by the trial Court is
modified as under:
1)
Accused No.1 is convicted for the offence
punishable under Section 324 of Indian Penal Code and
sentence to undergo simple imprisonment for six
months and to pay fine of Rs.1,000/- and in default of
payment of fine, he shall undergo simple imprisonment
for one month.
2)
Accused nos.2 to 4 are convicted for the
offence punishable under Section 323 read with section
5
34
of
IPC
and
sentence
to
undergo
simple
imprisonment for one month each and to pay fine of
Rs.250/- each and in default of payment of fine, they
shall undergo simple imprisonment for 15 days.
3)
Accused Nos.1 to 4 are convicted for the
offence punishable under section 504 read with Section
34 of Indian Penal Code and sentence to undergo
simple imprisonment for one year each and to pay fine
of Rs.100/- each and in default of payment of fine, they
shall undergo simple imprisonment for ten days.
4)
Accused Nos.1 to 4 are convicted for the
offence punishable under Section 506 read with Section
34 of Indian Penal Code and sentence to undergo
simple imprisonment for three months each and to pay
fine of Rs.250/- each and in default of payment of fine,
they shall undergo simple imprisonment for one month.
All the sentences shall run concurrently. Order
regarding payment of compensation of Rs.10,000/- as
required under Section 357 Cr.P.C. is confirmed.
5)
Accused Nos.1 to 4 shall in all pay fine of
Rs.3,500/-.
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c)
Accused nos.1 to 4 shall surrender before
the Court below to undergo imprisonment."
It is challenging the judgments passed by both the Trial
Court as Well the Sessions Judge9s Court, the accused/
petitioners herein have preferred the present revision petition.
3. The summary of the case of the prosecution in the
Trial Court was that, on the date 24-10-2010, at about 3:30
p.m., accused Nos.1 to 4 (petitioners herein), in the land
bearing Survey No.26 at Haralahalli village, within the limits of
the complainant Police Station, while CW-1 - Madhusudan and
his father CW-2 3 Thimmegowda were ploughing the said land,
with the common intention of assaulting them and causing
injuries to them, went there and accused No.1, by using a
weapon i.e. chopper assaulted CW-1 - Madhusudan on his
head and caused him simple injury. When the father of CW-1
i.e. CW-2 Thimmegowda rushed to the rescue of his son
(CW-1), accused No.1 using the very same chopper assaulted
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CW-2 on his right hand causing grievous injury to him. The
remaining accused Nos.2 and 3 also assaulted CW-2 and
CW-1 with their hands and