IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.2122 OF 2018 BETWEEN:

1. GIRISHA, S/O THIMMAIAH, AGED ABOUT 26 YEARS, RESIDING AT BASAVESHWARA NAGAR, B.L. KOPPALU DAKLE, ARASIKERE TALUK, HASSAN DISTRICT-573103.

…APPELLANT (BY SRI. SUYOG HERELE E., ADVOCATE)

Digitally signed by DEVIKA M AND:

Location: H IGH COURT OF

1. STATE BY CPI KARNATAKA RURAL CIRCLE, ARASIKERE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001.

…RESPONDENT (BY SMT. RASHMI PATEL, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

374(2) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 10.10.2018 AND SENTENCE DATED

11.10.2018 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, IN S.C.NO.134/2007 CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341 AND 302 OF IPC.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.P.SANDESH)

Heard Sri Suyog Herele E., the learned counsel for the appellant/accused, Smt. Rashmi Jadhav, the learned Additional State Public Prosecutor for the respondent/State, and perused the material available on record.

2. This appeal is filed against the judgment of conviction and sentence against the appellant/accused for the offences punishable under Sections 302 and 341 of the Indian Penal Code, 1860 (for short, 'IPC'), wherein he was sentenced to undergo imprisonment for life with fine of Rs.25,000/- for the offence punishable under Section 302 of IPC and to pay fine of Rs.500/- for the offence punishable under Section 341 of IPC.

3. The factual matrix of the case of the prosecution before the Trial Court is that on 30.01.2007 at about 8.00 p.m., near Basaveshwara Nagara, within the limits of Gandasi Police Station, when the deceased Byresha and others were proceeding on their way towards home in tractor and trailer bearing registration No.KA-13-TA-105-106 driven by Lakshmana, the accused who was proceeding in a motorcycle, wrongfully restrained these persons stating that he had a right to proceed and when a quarrel was taken place between them, the accused inflicted injuries to Byresha with his hands and thereafter, he picked up a stone which was at the spot and assaulted on his head and face. As a result, he had sustained injuries and succumbed to the injuries on the next day on 31.01.2007, while shifting him to the higher center for further treatment. Though earlier case was registered for the other offences and on account of death, invoked the offences under Section 302 of IPC. Based on the complaint in terms of Ex.P.1, case was registered at the first instance in Crime No.8/2007 for the offences punishable under Sections 341, 323 and 324 of IPC and subsequently based on second complaint as per Ex.P.2, invoked the offences under Sections 302 and 341 of IPC. The Investigating Officer investigated the matter and filed the charge-sheet. Having filed the charge-sheet, cognizance was taken and charges were framed and the accused did not plead guilty and claimed trial and hence, the prosecution examined P.W.1 to P.W.26 and also got marked the documents at Exs.P.1 to 20 and M.O.1 to M.O.5 were marked. On closure of the evidence, 313 statement was also recorded and the accused did not choose to lead any evidence, but document of Ex.D.1 was confronted.

4. The Trial Judge having considered both oral and documentary evidence available on record, comes to the conclusion that eyewitness evidence of P.W.1 to P.W.5 and medical evidence supports the case of the prosecution and M.O.1 was used to inflict injury and as a result of the injury he had sustained, he succumbed to the injuries. Having particularly taken note of oral evidence of P.W.1 to P.W.5 and medical evidence of the doctor P.W.12, comes to