IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL APPEAL NO. 121 OF 2014 (C)

BETWEEN:

1. VENKATASWAMAPPA S/O. GORLA NARASAPPA, AGED ABOUT 50 YEARS, AIVARAPALLI VILLAGE, GULUR HOBLI, BAGEPALLI TALUK - 561 207, CHIKKABALLAPURA DISTRICT

2. CHANDRASHEKARA S/O. VENKATASWAMAPPA, AGED ABOUT 28 YEARS, RESIDING AT AIVARAPALLI VILLAGE, GULUR HOBLI, BAGEPALLI TALUK - 561 207, CHIKKABALLAPURA DISTRICT.

…APPELLANTS (BY SRI. RAHUL .S. REDDY, ADVOCATE SRI. DEEPAK .J., ADVOCATE)

AND:

THE STATE BY BAGEPALLI POLICE, REPRESENTED BY S.P.P, HIGH COURT OF KARNATAKA, BANGALORE - 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)

THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 20.01.2014 PASSED BY THE PRL. DIST. AND S.J., CHIKKABALLAPUR IN S.C.NO.44/2009 - CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCE P/U/S 323 AND 324 R/W 34 OF IPC. THE APPELLANTS/ACCUSED ARE SENTENCED TO UNDERGO R.I. FOR 6 MONTHS AND PAY FINE OF RS.2,000/-, IN DEFAULT TO PAY FINE, HE SHALL UNDERGO R.I. FOR 1 MONTH FOR THE OFFENCE P/U/S 323 AND 324 R/W 34 OF IPC. THE APPELLANTS/ACCUSED PRAYS THAT THEY BE ACQUITTED.

THIS CRL.A., COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL JUDGMENT Learned counsel for the appellant has filed the memo along with the application under Section 320 R/w Section 482 of Cr.PC, the joint affidavit sworn by the complainant - Rathnamma and the accused Nos.1 and 2 and the affidavit sworn by the complainant individually.

2. Appellant Nos.1 and 2 are present before the Court.

They are identified by the learned counsel for the appellant. One person by name Venkateshappa S/o Venkataswamy is present before the Court and he is identified by the learned counsel for the appellants as husband of the injured eyewitness -Rathnamma. It is stated that Venkateshappa is also an injured eyewitness examined before the Trial Court as PW2, and the complainant is examined as PW1. Rathnamma has appeared before the Court through video conference. Learned counsel for the appellant has identified Rathnamma - PW1, as well as Venkateshappa - PW2.

3. The application filed by the appellants under Section

320 R/w Section 482 of Cr.PC reads as under: "The appellants above named humbly submits as follows.

1. The Defacto Complainant PW1 Rathnamma lodged a complaint on 09/12/2008 against the Appellant No.1, 2 and one Balakrishna, Murthy, Sreerama and Gangulappa before the Respondent Police alleging of assault by all the aforesaid persons on 09/12/2008 at about 1.30 PM when the complainant, her husband Venkateshappa, son Harish and another son Narendra were harvesting in their farm situated at Bagepalli Taluk, Chikaballapura. On the basis of the said complaint, the respondent police registered a case in Crime No.217/2008 against the Appellant No.1, 2 and one Balakrishna, Murthy, Sreerama and Gangulappa for the offences punishable under Section 143, 147, 323, 324, 307 and 149 of IPC. The respondent Police after investigation filed a charge sheet in S.C.No.44/2009 against the Appellants and one Balakrishna, Murthy, Sreerama and Gangulappa for the offences punishable under Section 143, 147, 148, 323, 324, 307 and 149 of IPC.

2. The Trial Court framed Charges against all the accused persons. During Trial, the prosecution examined 11 witnesses as PW1 to PW11 and got documents marked as exhibit P1 to P9 and four items as MO1 and MO4. On behalf of the defense side two documents were marked as D1 and D1. After hearing on both the sides, the Trial Court acquitted the Accused No.3, 4, 5 and 6, i.e Balakrishna, Murthy, Sreerama and Gangulappa for all the offences. The Accused No.1/Appellant No.1 and the Accused No.2/Appellant No.2 was acquitted for the offences punishable under section 143, 147, 148, 307 r/w 34 IPC and convicted for the offences punishable under section 323 and 324 of IPC and se