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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 28^TH DAY OF MARCH 2022

PRESENT

THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

AND

THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRL.A. NO.100181/2017

BETWEEN

STATE OF KARNATAKA

BY THE BELAGAVI RURAL POLICE

REPRESENTED BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH.

.....APPELLANT

(BY SRI V.M. BANAKAR, ADDL. S.P.P.)

AND

1.

BABU BHARAMA KAMBLE,

AGE:45 YEARS, OCC:MASON WORK

2.

MONAPPA BABU KAMBLE,

AGE: 25 YEARS, OCC:MASON WORK

3.

RAVI BABU KAMBLE,

AGE:23 YEARS, OCC: MASON WORK

4.

YALLAPPA BABU KAMBLE,

AGE:26 YEARS, OCC: MASON WORK

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ALL ARE R/O HANGARAGA,

AMBEDKAR GALLI, DISTRICT BELAGAVI.

…..RESPONDENTS

(BY SRI Z M HATTARAKI, ADV.)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (1)

AND (3) OF CR.P.C., SEEKING TO GRANT SPECIAL LEAVE TO

APPEAL AND TO SET ASIDE THE JUDGMENT AND ORDER OF

ACQUITTAL DATED 09.01.2017 PASSED BY THE PRL. SESSIONS

JUDGE, BELAGAVI IN S.C.NO. 201 OF 2010 AND TO CONVICT AND

SENTENCE THE RESPONDENTS / ACCUSED FOR THE OFFENCES

PUNISHABLE UNDER SECTIONS 302, 307, 323, 324, 341, 504, 506

READ WITH SECTION 34 OF IPC.

THIS APPEAL HAVING BEEN HEARD AND

RESERVED FOR JUDGMENT ON 05.03.2022, THIS DAY,

RAJENDRA BADAMIKAR, J. PRONOUNCED THE FOLLOWING:

JUDGMENT

The State being aggrieved by the judgment of Acquittal

passed by the Principal Sessions Judge, Belgavi(hereinafter

referred

to

as

‘the

trial

Court’,

for

short),

in

S.C.

No.201/2010, dated 9.01.2017 has filed this appeal under

section 378 (1) & (3) of Code of Criminal Procedure, 1908

(hereinafter referred to as ‘Cr.P.C.’, for short).

2.

For the sake of convenience, the parties herein

are referred with the original rankings occupied by them

before the trial Court.

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3.

The brief factual matrix leading to the case are as

under:

That there was a dispute between the complainant and

accused with regard to an open space situated in the southern

side of the house of the complainant situated in Ambedkar

Galli, Hangaraga, Belagavi. On 31.03.2010, at about 10:30

p.m., the complainant, CW-5 and family members were sitting

on the Katta of their house. At that time, CW-5 went in the

open plot by the side of the house in order to answer the

nature’s call. Then all the accused started abusing CW-5 in

vulgar language. Then complainant and his father Bharma

objected for the same and at that time, the accused No.1

threw chilly powder on them. It is also alleged that accused

No.3 assaulted with stick on complainant’s left hand and leg

causing grievous injuries with an intention to cause his death

while accused No.4 wrongfully restrained the father of the

complainant and assaulted him by the hands by giving life

threat. It is further alleged that accused No.2 with an

intention to cause the death of the father of the complainant,

assaulted on his head with iron pipe and thereby he sustained

injuries. Then neighbours came there and pacified the dispute

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and accused went away by threatening the complainant and

others. The injured were initially shifted to District Hospital,

Belgavi and on the next day, the father of the complainant

was shifted to K.L.E. Hospital for further treatment. It is also

alleged that he succumbed in the hospital on 07.04.2010

without responding to treatment on account of the injuries

sustained by him in the incident dated 31.03.2010. In the

hospital itself, the complainant, on 01.04.2010 morning,

lodged a complaint and after the death of father of the

complainant, Section 302 of IPC was incorporated. The

Investigating Officer after completing the investigation, has

submitted the charge sheet against the accused for the

offences punishable under Sections 323, 324, 341, 427, 504

and 506 read with Section 34 of IPC. After the submission of

the

charge

sheet,

the

learned

Magistrate

has

taken

cognizance of the offences. The learned Magistrate has

committed th