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2025 Supreme(Online)(Kar) 30919
KARNATAKA HIGH COURT
V.SRISHANANDA, J
ZIYA TAJUDDIN S/O. TAJJUDDIN, MR.SAFAN S/O. K.IBRAHIM, ABDUL REHAMAN S/O. SHABBIR VADKAR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL REVISION PETITION NO.100124 OF 2023 (397(CR.PC)/438(BNSS)) | CRIMINAL REVISION PETITION NO.100127 OF 2023 | CRIMINAL REVISION PETITION NO.100128 OF 2023 | CRIMINAL REVISION PETITION NO.100129 OF 2023
For the Appellants/Petitioners: SRI VENKATESH M. KHARVI
For the Respondents: SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP
Accused upheld for multiple violent offences; court modified their sentences considering socio-economic conditions while affirming convictions based on substantial evidence against them.
Headnote:(A) Criminal Procedure Code, 1973 - Sections 397 and 401 - Indian Penal Code, 1860 - Sections 143, 147, 447, 448, 341, 323, 324, 326, 506, read with Section 149 - Prevention of Damage to Public Property Act, 1984 - Section 3(2)(a) - Conviction for multiple offences including unlawful assembly, causing injury, and damaging property, confirmed by the First Appellate Court - Consideration of the incident being triggered due to negligence by public officials leading to fatality - Accused were fined and sentenced to imprisonment, with modifications made after considering their socio-economic circumstances and previous imprisonments. (Paras 1-27)
(B) Review of evidence and appreciation of facts - The convictions of the accused were upheld, indicating the strength of prosecution evidence, including witness testimonies and physical evidence, affirming that the higher court found no legal infirmity in the decisions of the lower courts. (Paras 28-36)
Facts of the case:
The incident arose from an altercation between accused persons who formed an unlawful assembly acting on emotions triggered by an electrocution incident that had killed a girl earlier that day. (Paras 7-8)
Findings of Court:
The court confirmed the conviction but revised the sentence allowing previously served time to count towards imprisonment and mandating the payment of fines as compensation to the victims. (Paras 37, (ii) and (iv))
Issues: Whether the petitioners could demonstrate legal errors or sufficient grounds to modify the conviction and sentence was central in this case.
Ratio Decidendi: The court emphasized the necessity of upholding convictions grounded in robust evidence and the need to ensure that individual accountability is maintained in public disorder cases, affirming the initial intent of the law to prevent such actions. (Paras 29-30)
Result: Criminal Revision Petitions allowed in part; convictions upheld with modified sentences including payment of compensation. (Paras 38)
| Table of Content |
|---|
| 1. overview of the case and factual background (Para 1 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. defense arguments regarding conviction and sentencing (Para 20 , 21 , 22) |
| 3. court's analysis of evidence and charges against the accused (Para 24 , 26 , 28 , 29 , 30 , 31 , 32) |
| 4. modification of sentencing and compensation orders (Para 36 , 37) |
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri.Venkatesh M. Kharvi, learned counsel for the revision petitioners and Sri.Praveena Devareddiyavara, learned High Court Government Pleader for respondent-State.
2. In all these petitions, the revision petitioners are the accused before the trial court who suffered an order of conviction in CC No.935/2014 and sentenced as under:
“In the present case as the prosecution has proved the guilt of the accused No. 1, 2, 4, 5, 6, 7 and 8 beyond reasonable doubt, considering the factual circumstances of the case and in the interest of justice, accused No. 1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.1,000/- each, for the offence punishable U/sec. 143 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for 2 months each. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.5,000/- shall be paid to the complainant as compensation and remaining fine amount shall be defrayed to the state.
Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.2,000/- each, for the offence punishable U/sec.147 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for 4 months. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.10,000/- shall be paid to the complainant as compensation and remaining fine amount shall be defrayed to the state.
Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.500/- each, for the offence punishable U/sec.447 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for 1 month. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.2,000/- shall be paid to the complainant as compensation and remaining fine amount shall be defrayed to the state.
Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.1,000/- each, for the offence punishable U/sec.448 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for 2 months. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.5,000/- shall be paid to the complainant as compensation and remaining fine amount shall be defrayed to the state.
Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.500/- each, for the offence punishable U/sec.341 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for 1 month. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.2,000/- shall be paid to P.W.4-Satish Naik as compensation and remaining fine amount shall be defrayed to the state.
Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.1,000/- each, for the offence JU Punishable U/sec.323 of IPC. In case accused No.1, 2, 4, 5, 6, 7 and 8 commit default in paying the fine amount they shall undergo simple imprisonment for two months. Acting under Sec.357 of Cr.P.C, it is hereby directed that out of the fine amount imposed on Accused No.1, 2, 4, 5, 6, 7 and 8 Rs.5,000/- shall be paid to the complainant as compensation and remaining fine amount shall be defrayed to the state.
Accused No.1, 2, 4, 5, 6, 7 and 8 are hereby fined Rs.6,000/- each, for the offence p
