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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.355/2012

BETWEEN

1

RAMAKRISHNA

S/O SOMANNA

AGED ABOUT 38 YEARS

2

RAJA @ RAJANAYAKA

S/O SOMANNA

AGED ABOUT 48 YEARS

3

LALITHA

W/O RAJA @ RAJANAYAKA

AGED ABOUT 38 YEARS

ALL ARE RESIDING AT

RAMENAHALLI VILLAGE,

YELAWALA HOBLI,

MYSORE TALUK AND DISTRICT.

...PETITIONERS

(BY SRI P MAHESHA, ADVOCATE)

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AND

STATE OF KARNATAKA

BY YELAWALA POLICE STATION,

MYSORE DISTRICT

REPRESENTED BY SPP

HIGH COURT OF KARNATAKA

BANGALORE 560 001

&RESPONDENT

(BY SRI V.S.VINAYAKA, HCGP)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C

PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND

ORDER OF CONVICTION PASSED BY THE JMFC-II MYSORE

IN C.C.NO.305/10 DATED;24.11.11 AND THE ORDER

PASSED BY THE PRL.DISTRICT AND S.J AT MYSORE IN

CRL.A.NO.150/11 DATED:3.3.12.

THIS CRIMINAL REVISION PETITION COMING ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:-

ORDER

Though the matter is listed for orders today, with the

consent of both the parties, the matter is taken up for final

disposal.

2.

Heard Sri.P.Mahesha, learned counsel for the

Revision Petitioners and learned High Court Government

Pleader for the respondent-State and perused the records.

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3.

This Revision Petition is filed by the accused

persons/Revision Petitioners, who have suffered an order

of conviction in C.C.No.305/2010 on the file of the Court of

JMFC (II Court) at Mysore by Judgment dated 24.11.2011,

whereby he has been convicted for the offences punishable

under Sections 324, 326 and 504 read with Section 34 of

IPC, which was confirmed in Criminal Appeal No.150/2011

on the file of the Court of the Principal District & Sessions

Judge at Mysore by judgment dated 03.03.2012.

4.

Brief facts of the case are as under:

Upon a complaint lodged by Lakshmi contending that

on 01.01.2010 at about 9.00 P.M., in front of the house of

CW.2-Suvarna, there was a altercation, wherein the

accused persons abused the complainant in filthy language

and they did not spent money for obsequies ceremony her

husband and she has leased the agricultural land to some

other person. On being questioned by the complainant,

accused persons assaulted on her hand and kicked her

with legs whereby she has sustained injuries and sought

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for action against the accused persons. Upon receipt of the

complaint, police registered a case against the accused

persons and also investigated the matter and laid charge

sheet against the accused persons for the offences

punishable under Sections 504, 326 and 324 read with

Section 34 of IPC.

5.

The presence of the accused was secured

before the learned Magistrate and charges were framed.

Accused pleaded not guilty and as such, trial was held.

6.

In order to prove the case of the prosecution,

prosecution in all examined 8 witnesses as PWs.1 to 8 and

relied on 6 documentary evidence which were marked and

exhibited as Exs.P1 to 6. During the course of cross

examination of PW.4, the defence marked at Ex.D.1 which

is a contradiction. The prosecution also marked three

material objects namely club, Bamboo Stick and Stone.

7.

On conclusion of the prosecution evidence,

accused statement as contemplated under Section 313

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Cr.P.C was recorded, wherein accused denied all the

incriminatory circumstances found in the prosecution

evidence. However, accused did not choose to lead any

evidence nor place his version on record by adducing oral

evidence or filing a written submission as is contemplated

under Section 313(5) Cr.P.C.

8.

Thereafter,

learned

Magistrate

heard

the

parties in detail and after considering the oral and

documentary evidence on record, convicted the accused

persons for the aforesaid offences and sentenced as under:

• "The

accused

No.1

to

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are

hereby

convicted

for

the

offence

punishable

U/s.324