AND

ORDER

OF

ACQUITTAL DATED 24.11.2014 PASSED BY THE V ADDL.

DIST. AND SESSIONS JUDGE, MANGALURU, SITTING AT

PUTTUR, D.K., IN CRIMINAL APPEAL NO.52/2007 IN SO FAR

AS IT RELATES TO ACQUITTING THE RESPONDENTS FOR

THE OFFENCES PUNISHABLE UNDER SECTION 326 OF IPC.

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND

RESERVED ON 24.09.2021 FOR JUDGMENT AND COMING

ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY,

M.I.ARUN J., DELIVERED THE FOLLOWING:

JUDGMENT

Aggrieved

by

the

judgment

and

order

dated

24.11.2014 passed by the V Additional District and Sessions

Judge, Dakshina Kannada, Mangaluru, sitting at Puttur,

Dakshina

Kannada,

in

Criminal

Appeal

No.52/2007

acquitting the accused for the offence punishable under the

provisions of Section 326 of IPC, the State has preferred this

appeal.

For the sake of convenience, the parties are referred

to as per their status before the trial court.

The case of the prosecution is that on 08.12.1998 at

about 7.30 p.m. at Kadira of Murulya village, Sullia Taluk,

accused nos.1 to 4 with a common intention voluntarily

caused hurt to PW.1 3 Monappa Gowda and PW.2 3 Pergade

3

Gowda and to criminally intimidate PW.4 - Smt. Yamuna,

accused nos.2 and 3 have voluntarily caused grievous hurt

to PW.2 armed with sickles M.O.4 to M.O.6, which were

used as weapon for the offence likely to cause death and

thereby caused grievous hurt and accused no.1 voluntarily

caused hurt to PW.1 with sickle and accused no.4 caused

hurt to PW.1 with club M.O.1, which were used as deadly

weapons and thereby caused simple injuries and insulted

PW.4 by using abusive words and provoked her to commit

breach of peace and in furtherance of their common

intention criminally intimidated PW.4 by uttering the words

and giving life threat to cause hurt to her husband and

thereby committed the offences punishable under the

provisions of Section 504, 324, 326, 506 r/w 34 of IPC.

Trial took place before the Civil Judge (Jr.Dn.) and

JMFC, Sullia. In order to prove its case, the prosecution has

examined in all 12 witnesses - PWs.1 to 12 and got marked

the documents 3 Exs.P1 to Ex.P7 and material objects -

M.O.1 to M.O.6 were marked. The accused have not

examined any witnesses. The trial court, by judgment dated

23.05.2003 in C.C.No.564/1999, convicted accused nos.1 to

4 for the offences punishable under Sections 504, 324 and

4

326 r/w 34 of IPC and acquitted them for the offences

punishable under section 506(II) of IPC. Aggrieved by the

same, Criminal Appeal No.39/2003 was filed by the accused

before the Fast Track Court-I, D.K., Mangalore. The First

Appellate Court on the ground that the statement under

Section 313 of Cr.P.C was not recorded has set aside the

said judgment of the trial court and remanded the matter

back to the trial court by judgment dated 18.09.2006.

Thereafter,

by

judgment

dated

19.02.2007

in

C.C.No.564/1999, the trial court has convicted all the

accused for the offences punishable under Sections 324 and

326 r/w 34 of IPC and acquitted them for the offences under

sections 504 and 506 r/w 34 of IPC and has sentenced them

as mentioned below:

<ORDER

The accused No.1 to 4 are convicted for the

offence Under Section 324 read with 34 I.P.C. and each of

them are sentenced to undergo simple imprisonment for a

period of one year and to pay a fine of Rs.5,000/- in

default simple imprisonment for a further period of 2

months.

The accused No.1 to 4 are convicted for the

offence under Section 326 IPC and the accused No.1 and

4 are sentenced to undergo simple imprisonment for a

period of 2 years and to pay a fine of Rs.5,000/- each in

default simple imprisonment for two months and accused

No.2

and

3

are

sentenced

to

undergo

rigorous

5

imprisonment for a period of two years, and to pay fine of

Rs.5,000/- each in default simple imprisonment for a

further period of two months for the said offence.

Both the sentences shall run concurrently.

Out of the fine amount a sum of Rs.15,000/- is

ordered to be paid as compensation to P.W.2 3 Pergade

Gowda and a sum o