IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL REVISION PETITION NO.1321/2018

BETWEEN:

MR.HUSEN PEER

S/O MADAR SAB

AGED ABOUT 31 YEARS,

RESIDING OF B.G. BADAVANE,

JANATHA FLAT,

HIREKERUR,

HAVERI DISTRICT - 581 111.

...PETITIONER

(BY SRI J.D. KASHINATH, ADVOCATE)

AND:

STATE OF KARNAAKA

SORABHA POLICE STATION,

SORABA, SHIVAMOGGA DISTRICT,

REPRESENTED BY SPP,

HIGH COURT OF KARNATAKA

BANGALORE - 560 001.

...RESPONDENT

(BY SMT. K.P. YASHODHA, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET

ASIDE THE ORDER OF CONVICTION DATED 01.01.2016,

PASSED IN C.C.NO. 533/2006, BY THE CIVIL JUDGE AND

JMFC AT SORABA AND ALSO TO SET ASIDE THE ORDER OF

2

CONFIRMATION OF CONVICTION DATED 17.07.2017,

PASSED BY THE III ADDITIONAL SESSIONS JUDGE AT

SHIVAMOGGA IN CRL.A.NO.4/2016.

THIS CRIMINAL REVISION PETITION COMING ON

FOR ADMISSION THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

Though, this matter is listed for Admission,

having regard to the facts and circumstances of this

case it is taken up for final disposal.

2. This Criminal Revision Petition is filed under

Section 397 r/w 401 Cr.P.C praying to set aside the

order of conviction passed in C.C.No.533/2006 on

01.01.2016 by the learned Civil Judge and JMFC,

Soraba and the judgment and order passed by the

learned III Additional Sessions Judge, Shivamogga in

Crl.A.No.4/2016

on

17.07.2017

confirming

the

judgment and order of conviction passed by the Trial

Court.

3

3. Earlier, the accused were found guilty by the

Trial Court and for the offences punishable under

Section 429 read with Section 34 of IPC and

sentenced to undergo simple imprisonment for a

period of six months and to pay a fine of Rs.9000/-

each.

However,

the

period

of

imprisonment

underwent by them was of 3 months and the same

was given set off. The operative portion of the

judgment of the Trial Court is as below,

"ORDER

Accused Nos.1 and 3 are hereby

sentenced

to

undergo

simple

imprisonment for a period of six

months each and they shall liable to

pay fine of Rs.9,000/- (Rupees Nine

Thousand only) each for teh offence

punishable under Section 429 read

with Section 34 of IPC. IN default for

payment of fine they shall undergo

simple imprisonment for a period of

two months each. That the period of

detention undergone by the accused

No.s1 and 3 from 04/02/2006 to

08/02/2006 in total for 5 days shall

be given set off against the terms of

imprisonment imposed on them. Out

of the fine amount recovered from the

4

accused No.s1 and 3 a sum of

Rs.5,000/- each is to be paid to the

PW1/CW1, PW3/CW4 and PW5/CW7

as compensation.

4. Originally criminal case was registered

against

the

accused

persons

for

the

offence

punishable under Section 429 read with Section 34 of

IPC and on the strength of complaint lodged by one

Sadanandagowda.

5. The substance of the complaint is that on

3.2.2006 at about 12 p.m. when the three buffaloes

belonging

to

PW1

(Sadanandagowda),

PW4

(Jayanandagowda) and PW5 (Kalappa) were grazing

the plantation situated near the Tattikere bus stand,

the accused persons lured the buffaloes to eat tomato,

cucumber and the said vegetables were mixed with

Carbamate

and

Prosperous

pesticide

and

on

consumption

of

the

poisonous

vegetables

the

buffaloes died and when PW1, PW4 and PW7 enquired

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the person who was looking after the buffaloes by

name Sri.Emme Kayuva Mastappa he informed that

at the time of grazing of the said cattle in the

aforesaid spot three persons were wandering holding

something in their hands and expressed his doubt on

the said three persons for the death of the said

buffaloes. On 04.2.2000 at about 11.00 am PW1,

PW7, PW11 and PW12 and others came to the spot

and found the said persons and they were found

carrying

weapons

li