Crl.R.P.No.1067/2012

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF SEPTEMBER 2021

BEFORE

THE HON9BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL REVISION PETITION No.1067/2012

BETWEEN:

1.

KRISHNEGOWDA @ KRISHNA

S/O M.P.BORALINGEGOWDA

AGED ABOUT 47 YEARS

2.

VANARAJU

S/O M.P.BORALINGEGOWDA

AGED ABOUT 30 YEARS

BOTH ARE R/AT HONAGANAHALLI

CHHAKURULI HOBLI

PANDAVAPURA TALUK

MANDYA DISTRICT

&PETITIONERS

(BY SRI A.N.RADHA KRISHNA, ADVOCATE

P2 DEAD & PETITION AGAINST P2 ABATED)

AND:

STATE OF KARNATAKA

BY PANDAVAPURA POLICE

REPRESENTED BY THE

STATE PUBLIC PROSECUTOR

HIGH COURT BUILDINGS

BANGALORE 3 560 001

&RESPONDENT

(BY SRI ROHITH B.J., HCGP)

THIS CRIMINAL REVISION PETITION IS FILED UNDER

SECTION 397 READ WITH SECTION 401 OF CR.P.C. PRAYING

TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE

DATED 11.02.2011 PASSED BY THE PRINCIPAL CIVIL JUDGE

AND J.M.F.C., PANDAVAPURA IN C.C.NO.213/2003 AND TO SET

ASIDE THE JUDGMENT DATED 10.10.2012 PASSED BY THE

Crl.R.P.No.1067/2012

2

PRESIDING OFFICER, FAST TRACK COURT, SRIRANGAPATNA IN

CRIMINAL APPEAL NO.13/2011.

THIS CRIMINAL REVISION PETITION COMING ON FOR

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Aggrieved by the orders of conviction and sentence

passed against them for the offence punishable under

Section 326 read with Section 34 of IPC, accused Nos.1

and 2 have preferred this revision petition.

2.

During the pendency of this petition, petitioner

No.2/accused No.2 died on 13.03.2020. Therefore the case

against him stood abated.

3.

The petitioners were accused Nos.1 and 2

before the trial Court. For the purpose of convenience, the

petitioners will be referred to according to their ranks

before the trial Court.

4.

Accused Nos.1 and 2 were prosecuted in

C.C.No.213/2003 on the file of the Principal Civil Judge &

J.M.F.C., Pandavapura for the offences punishable under

Sections 323, 326, 504, 506 read with Section 34 of IPC

Crl.R.P.No.1067/2012

3

on the basis of the charge sheet filed by Pandavapura

police in Crime No.257/2002 of their Police Station.

5.

The case of the prosecution in brief is as

follows:

On 28.10.2002 at 6.00 a.m. in front of the house of

PW.1 Puttamma, the accused picked up quarrel with

regard to discharge of drain water, abused and assaulted

her with clubs and wooden repiece and caused her

grievous injuries. When her son PW.2 came to her rescue,

the accused assaulted him also with the same weapons

and caused simple injuries. The accused abused the victim

in foul language and criminally intimidated them.

6.

The case of the prosecution was based on:

(i)

The evidence of PWs.1 and 2 the injured

eyewitnesses;

(ii)

PW.3 another eyewitness;

(iii)

Medical evidence of PW.4 and Exs.P3 and P4;

(iv)

Circumstance of recovery of weapons MOs.1 to

3 and PWs.7 and 8 who were the witnesses for recovery

under Ex.P2 spot cum seizure mahazar;

Crl.R.P.No.1067/2012

4

(v)

The evidence of PW.6 who registered the first

information report; &

(vi)

The evidence of PW.5 the Investigating Officer.

7.

The trial Court acquitted the accused for the

offences punishable under Sections 504, 506 and 323 of

IPC. However relying on the evidence of PWs.1 and 2 the

injured eyewitnesses, PW.3 the other eyewitness and PW.4

medical Officer who examined and treated PWs.1 and 2,

the trial Court convicted the accused for the offence

punishable under Section 326 read with Section 34 of IPC

and sentenced them to simple imprisonment of two years

and fine of Rs.5,000/-, in default to pay the fine amount to

undergo simple imprisonment for two months.

8.

Accused Nos.1 and 2 challenged the said

judgment and order of conviction and sentence before the

Fast Track Court, Srirangapatna in Crl.A.No.13/2011. The

First App