CRL.R.P.60.2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF MARCH, 2021

BEFORE:

THE HON’BLE MRS. JUSTICE K.S. MUDAGAL

CRIMINAL REVISION PETITION No.60/2017

BETWEEN:

1

LOKESHA @ ANDAR

AGED ABOUT 31 YEARS

SON OF. PUTTASWAMY

2

CHIKKARAJU

AGED ABOUT 28 YEARS

SON OF. KARIGOWDA

PETITIONERS 1 AND 2 ARE

R/AT ADAKANAHALLIHUNDI VILLAGE

NANJANGUD TALUK

MYSURU DISTRICT – 571 301

... PETITIONERS

[BY SRI, P. NATARAJU, ADV.]

AND:

THE STATE OF KARNATAKA

BY NANJANAGUD RURAL POLICE STATION

MYSURU DISTRICT

REPRESENTED BY

STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU – 560 001

… RESPONDENT

[BY SRI, R.D. RENUKARADHYA, HCGP]

CRL.R.P.60.2017

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THIS PETITION IS FILED UNDER SECTION 397 OF

CR.PC, PRAYING TO SET ASIDE THE JUDGMENT AND

ORDER DATED 5.12.2016 PASSED BY THE III ADDL.

SESSIONS JUDGE, MYSURU IN CRL.A.NO.161/2016 AND

THE JUDGMENT ANDORDER DATED 2.8.2016 PASSED BY

THE PRINCIPAL CIVIL JUDGE AND JMFC, NANJANGUD IN

C.C. NO.1033/2012 AND ACQUIT THE PETITIONERS BY

ALLOWING THIS CRL. RP.

THIS PETITION COMING ON FOR ADMISSION, THIS

DAY, THE COURT MADE THE FOLLOWING:-

O R D E R

“Whether the impugned order of conviction and

sentence passed by the trial Court against the petitioners

suffer any illegality, impropriety or incorrectness ?” is the

question involved in this case.

2.

The petitioners were Accused Nos.1 and 2 in C.C.

No.1033/2012 on the file of the Principal Civil Judge and

JMFC, Nanjangud. They were prosecuted in the said case

for the offences punishable under Sections 448, 504, 326,

506 read with Section 34 of IPC on the basis of the charge

sheet

filed

by

Nanjangud

Rural

Police

in

Crime

No.67/2012.

CRL.R.P.60.2017

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3.

For the purpose of convenience, the parties will be

referred to henceforth with their ranks before the Trial

court.

4.

The case of the prosecution in brief was as follows:

[i]

The

Accused

and

PWs.1

to

4

belonged

to

Adakanahalli Village of Nanjangud Taluk. There was some

ill-will between PW.1 and the accused in connection with

village festival. Due to such ill-will, on 25.03.2012 at 3.30

pm, Accused Nos.1 and 2 with the common intention of

committing the offence against PW.1 armed with clubs

MOs.1 and 2 trespassed into his house, abused PW.1 in

foul language and Accused No.1 assaulted PW.1 on his

right hand with club-MO.1, caused fracture of his right

ulna. Further, the accused criminally intimidated PW.1.

PW.2 and PW.4 came to the house of PW.1 listening to the

cry of PW.1 and rescued him.

[ii]

Regarding

the

incident,

PW.1

filed

complaint

Exhibit.P1 before PW.7, the then Police Sub-Inspector of

CRL.R.P.60.2017

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Nanjangud Rural Police Station. Based on Exhibit.P1, PW.7

registered the FIR Exhibit.P5 and took up the investigation.

[iii]

After registering the complaint, PW.1 took treatment

in ESI Hospital, Mysuru. PW.6-Medical Officer of ESI

Hospital, Mysuru examined PW.1 and treated him and

issued wound certificate Exhibit.P4.

[iv]

PW.7 visited the scene of offence on 26.03.2012 and

conducted the spot mahazar as per Exhibit.P2 in the

presence of PW.2 and PW.3. The spot was shown by

PW.1. During the spot mahazar, he seized MOs.1 and 2,

the weapons of offence. Thereafter, he recorded

statement of the witnesses, collected the wound certificate

and filed charge sheet.

5.

The case of the prosecution was based on the

following:

[i]

The evidence of PW.1 the injured eye witness.

[ii]

PW.2 and PW.4 eye witnesses.

CRL.R.P.60.2017

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[iii] PW.6 – Medical Officer and Exhibit.P4 – Wound

Certificate.

[iv]

The circumstance of seizure of clubs MO.1 and MO.2

under the mahazar – Exhibit.P2.

6.

Initially the FIR was registered for the offence

punishable under Section 324 of IPC. The charge sheet

was filed along with other offences for the offence

punishable under Section 326 of IPC. The trial Court on

ta