IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL REVISION PETITION No.716/2012

BETWEEN:

SRI. NARASAIAH,

S/O SRINIVAS,

AGED ABOUT 35 YEARS,

R/O BASAVAIAHNA KERI,

GANGA STREET, MALAVALLI TOWN,

MANDYA DISTRICT

..PETITIONER

(BY SMT. NALINA K. FOR

SRI S.K. VENKATA REDDY, ADVOCATE)

AND:

STATE OF KARNATAKA,

BY MALAVALLI TOWN POLICE,

MALAVALLI, MANDYA DISTRICT

..RESPONDENT

(BY SMT.K.P YASHODHA, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 R/W SECTION 401 CR.P.C. TO SET

ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF

SENTENCE

DATED

07.03.2007

PASSED

IN

C.C.NO.

56/2006 BY THE CIVIL JUDGE (SR.DN.) AND JMFC,

MALAVALLI

AND

JUDGMENT

AND

ORDER

DATED

08.06.2012 PASSED BY THE PRESIDING OFFICER, F.T.C-1,

2

MANDYA IN CRL.A.NO.14/2007, BY ALLOWING THIS

REVISION PETITION AND CONSEQUENTLY ACQUIT THE

ACCUSED/PETITIONER

OF

THE

CHARGES

LEVELED

AGAINST HIM IN C.C.NO.56/2006 ON THE FILE OF THE

CIVIL JUDGE (SR.DN.) AND JMFC, MALAVALLI, MANDYA

DISTRICT.

THIS CRIMINAL REVISION PETITION COMING ON

FOR HEARING THIS DAY THROUGH VIDEO CONFERENCING

THE COURT MADE THE FOLLOWING:

ORDER

This Criminal Revision Petition is filed under

Section 397 read with Section 401 Cr.P.C praying to

set aside the Judgment of conviction and order of

sentence passed in C.C.No.56/2006 dated 07.03.2007

by the Civil Judge (Sr.Dn) and JMFC, Malavalli and the

Judgment and order dated 08.06.2012 passed in

Crl.A.No.14/2007 by the Presiding Officer, Fast Track

Court-I, Mandya and to acquit the revision petitioner

for the charges levelled against him.

3

2.

The appeal came to be partly allowed and the

conviction against accused No.2 was confirmed for the

offence punishable under Sections 341 and 326 read

with 34 of IPC and was sentenced to pay a fine of

Rs.500/- for the offence punishable under Section 341

r/w Section 34 of IPC, in default to undergo simple

imprisonment for one month and to undergo simple

imprisonment for a period of six months and pay a

fine of Rs.3,000/- and in default to pay fine to

undergo simple imprisonment for six months for the

offence punishable under Section 326 read with 34

IPC.

3.

The appeal against Accused No.1 is stated to

have got abated by virtue of death of the said

accused.

4.

In order to avoid the repetition, the substance

of the complaint is extracted from the certified copy of

4

the judgment in Crl.A.No.14/2007 which reads as

under:

"C.W.1 Srinivasa is the owner of

mutton shop situated near Ganga talkies

Malavalli town. That on 6.9.2001 at 9

a.m., accused No.1 and 2 came near the

said mutton shop of CW1 with an

intention to pick up galata with him.

During the course of galata Accused No.1

asked CW1 why he is attracting his

customers to your shop and why you have

sent mutton to his shop through CW2 to

cut it, though he (C.W.1) has sold the

said mutton to CW2. Thereafter Accused

No.2 caught hold CW1 preventing him to

go ahead. Accused No.1 assaulted on the

left side head of CW1 with an iron rod

forcibly and caused him grievous injury.

So, it is alleged by the prosecution that A-

1 and 2 have committed the offences

punishable under Section 341 and 326

r/w Section 34 of the IPC."

5.

Accused Nos.1 and 2 appeared before the trial

court. Charge has been framed against accused Nos.1

and 2 for the offences punishable under Sections 341

and 326 read with 34 of IPC. Accused Nos.1 and 2

5

pleaded not guilty of the offences and claimed to be

tried.

6.

In order to avoid overlapping and repetition, the

parties are addressed in accordance with their status

and ranking as stood before the Trial court.

7.

The present Revision Petition is filed by accused

No.2-Narasaiah.

Accused

No.1-Thammanna

also

convicted and sentenced