HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^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.967 OF 2018 C/W.

CRIMINAL APPEAL NO.1890 OF 2017 IN CRL.A NO.967/2018:

BETWEEN:

1. PUTTAIAH S/O BYRAIAH R/O MALLAPURA VILLAGE AREHALLI HOBLI, BELUR TALUK HASSAN DISTRICT-573 201.

…APPELLANT Digitally signed (BY SRI. ANIRUDH CHAMUNDA, ADVOCATE –

by DEVIKA M [AUTHORIZED BY HCLSC])

Location: HIGH COURT OF AND:

KARNATAKA

1. JAVARAIAH S/O BYRAIAH AGED ABOUT 55 YEARS

2. BOOMESH S/O JAVARAIAH AGED ABOUT 35 YEARS THE APPELLANT NOS.1 AND 2 ARE R/O MALLAPURA VILLAGE AREHALLI HOBLI, BELUR TALUK HASSAN DISTRICT-573 201.

HC-KAR

3. PRASANNA S/O BASAVAIAH AGED ABOUT 35 YEARS R/O ANKIHALLI BIKKODU HOBLI, BELUR TALUK, HASSAN DISTRICT-573 201. 4. STATE BY AREHALLI P.S.

BELUR TALUK, HASSAN DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001.

…RESPONDENTS (BY SRI. C.H. JADHAV, SENIOR COUNSEL FOR SRI. L. SRINIVASA BABU, ADVOCATE FOR R1 TO R3;

SMT. RASHMI PATEL, HCGP FOR R4)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF CR.P.C PRAYING TO MODIFIED THE JUDGMENT DATED 16.10.2017, PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT HASSAN, IN S.C.NO.225/2013 BY CONVICTING THE ACCUSED/RESPONDENTS FOR THE OFFENCES PUNISHABLE UNDER SECTION 307 R/W SECTION 34 OF IPC.

IN CRL.A NO.1890/2017:

BETWEEN:

1. JAVARAIAH S/O BYRAIAIAH AGED ABOUT 53 YEARS MALLAPURA VILLAGE AREHALLI HOBLI BELUR TALUK. 2. BOOMESH S/O JAVARAIAH AGED ABOUT 30 YEARS HC-KAR MALLAPURA VILLAGE AREHALLI HOBLI BELUR TALUK.

3. PRASANNA S/O BASAVAIAH AREHALLI, BIKKODU HOBLI BELUR TALUK. ...APPELLANTS (BY SRI. C.H. JADHAV, SENIOR COUNSEL FOR SRI. L. SRINIVASA BABU, ADVOCATE)

AND:

1. THE STATE BY AREHALLI POLICE BELURU TALUK HASSAN DISTRICT-573201 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 001.

...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 AND ORDER OF CONVICTION DATED 16.10.2017 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN IN S.C.NO.225/2014 - CONVICTING THE APPELLANT/ACCUSED NO.1 TO 3 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 326, 504 AND 506 R/W SECTION 34 OF IPC.

THESE APPEALS 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 HC-KAR

ORAL JUDGMENT

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

Heard learned counsel for appellant-complainant, learned Senior counsel for accused Nos.1 to 3 and learned High Court Government Pleader for the respondent-State.

2. These two appeals are filed by the complainant-

victim as well as the appellants questioning the acquittal for the offence punishable under Sections 307 of IPC by the victim and also the accused persons questioning the order of conviction and sentence passed for the offence punishable under Sections

326, 504 and 506 read with Section 34 of IPC.

3. The factual matrix of case of the prosecution is that as per the complaint, the statement of the injured was recorded on 20.02.2012 and in the complaint-Ex.P1, it is stated that on 19.02.2012 at 5.30 p.m., when the injured P.W.1 questioned lifting of tank water for cultivation which was reserved for the purpose of drinking of cattle, immediately, when the question was made by P.W.1, accused No.1 assaulted with club on his left portion of the head and his son Boomesh and Prasanna came and the said Boomesh assaulted with HC-KAR chopper on the right ear and accused No.3 assaulted with his hands on his right ear and also his right eye. At that time, when the complainant made hue and cry, the witnesses, who have witnessed the incident came and pacified the galata and the accused persons left the spot disclosing that they would kill him some other day. Immediately, the witnesses Suresh, Raju and Hemanthkumar and his wife shifted him to Belur Hospital, the