IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 218 OF 2020 (C)

BETWEEN: SHIVARAJU S/O SRINIVASA AGED ABOUT 24 YEARS, R/O HARAVE MALLARAJAPATNA VILLAGE, PERIYAPATNA TALUK, MYSURU-571 107.

…APPELLANT (BY SRI. H S SURESH., ADVOCATE)

AND:

STATE OF KARNATAKA BY PERIYAPATNA P S REP. BY SPP HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT Digitally signed by LAKSHMINARAYAN N (BY SRI. M.R. PATIL, HCGP.)

Location: HIGH COURT OF KARNATAKA THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 10.12.2019 AND ORDER OF SENTENCE DATED 11.12.2019, PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU IN S.C.NO.230/2018, CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 354-A(1),307,326 AND 504 OF IPC.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

Appellant has preferred this appeal against the Judgment of and order on sentence dated 11^th December, 2019 passed by IV Additional District & Sessions Judge, Mysuru in SC No.230 of

2018 (for short "the trial Court").

2. For the sake of convenience, the parties in this appeal are referred to as per their rank before the trial Court.

3. Brief facts leading to this appeal are that Periyapatna Police submitted charge-sheet against the accused for the offences punishable under Sections 307, 504, 354A(1) of Indian Penal Code.

4. It is alleged by the prosecution that prior to incident, accused was insisting PW2 for sexual intercourse with him to which she refused. On 13^th June, 2016 at about 8.00 am, when PW2 was washing clothes in front of her house, at that time, the accused came there and by abusing in filthy language assaulted her with chopper on her right arm with an intention to kill her and also assaulted on her both legs with chopper, in which act she lost right hand and immediately she was shifted to Government Hospital, Periyapatna. Thereafter, complainant lodged First Information before the police. On the basis of the said information, Crime came to be registered in Crime No.108 of 2016. The First Information Report was submitted to the jurisdictional Magistrate. Thereafter, the Investigating Officer went to spot and conducted spot-cum-seizure mahazar in the presence of panchas and seized MOs1 to 5 and subjected them to property form. During the investigation, Investigating Officer arrested the accused and recorded confession statement and seized MO6-Chopper and produced the accused before the Court. After completion of investigation, Investigating Officer filed charge-sheet for the offences punishable under Sections

307, 504, 354A(1) of Indian Penal Code.

5. After filing charge-sheet, charges framed against the accused for alleged commission of offences punishable under sections 307, 504, 354A(1) of Indian Penal Code and the same was read over and explained to the accused. Accused pleaded not guilty and claimed to be tried.

6. To prove the case, prosecution has examined 17 witnesses have been examined as PWs1 to 17, 14 documents marked as Exhibits P1 to P14 and nine material objects marked as MOs1 to 9. On closure of prosecution side evidence, statement of the accused under section 313 of Code of Criminal Procedure was recorded. Accused denied the evidence of the prosecution witnesses and himself give evidence as DW1 and marked documents as Exhibits D1 to D31.

7. Having heard the argument on both sides, the trial Court convicted the accused for the offences punishable under 354A(1), 307, 326 and 504 of Indian Penal Code and passed sentence as under:

"ORDER The accused – Shivaraju, S/o Srinivasa is sentenced to undergo Rigorous imprisonment for 10 years and fine of Rs.2,00,000/- (Rupees two lakhs only) for the offence punishable under Sec.307 of Indian Penal Code, in default of payment of fine the accused shall undergo simple imprisonment for two years.

Further