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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:

4

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/-.

6

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

7

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

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