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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.189 OF 2015

BETWEEN:

1.

RAJU S/O RAMALINGAPPA

AGED ABOUT 32 YEARS,

AGRICULTURIST

2.

LOHIT KUMAR,

S/O RAMALINGAPPA, 30 YEARS,

AGRICULTURIST, BOTH RESIDENTS OF

KUNKANADU VILLAGE, KADUR TALUK,

CHIKKAMAGALURU DISTRICT-577 182.

... PETITIONERS

(BY SRI S.G.BHAGAWAN, ADV.,)

AND:

STATE OF KARNATAKA

BY PANCHANAHALLY POLICE,

PANCHANAHALLY POLICE STATION,

KADUR TALUK,

CHIKKAMAGALUR DISTRUCT,

REPRESENTED BY SPP,

HIGH COURT BUILDING,

BANGALORE-560 001.

... RESPONDENT

(BY SRI K.S.ABHIJITH, HCGP)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER

SECTION 397 READ WITH 401 OF CR.P.C. PRAYING TO SET-

ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE

DATED

29.01.2015

PASSED

BY

THE

PRL.S.J.,

CHIKKAMAGALURU IN CRL.A.NO.7/2013, IN SO FAR AS IT

RELATES TO CONFIRMING JUDGMENT OF CONVICTION AND

SENTENCE DATED 28.12.2012 PASSED BY THE C.J. AND

J.M.F.C., KADUR IN C.C.NO.970/2010 AND CONVICTING AND

SENTENCING

THE

PETITIONERS

FOR

THE

OFFENCES

PUNISHABLE UNDER SECTIONS 323 AND 325 READ WITH

SECTION 34 OF IPC.

THIS CRIMINAL REVISION PETITION COMING ON FOR

FINAL

HEARING,

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

O R D E R

The accused persons are in revision against the order

passed in C.C.No.970/2010 whereby, the accused persons are

convicted for the offences punishable under Sections 504, 323

and 326 read with Section 34 of Indian Penal Code (for short

‘IPC’) and were ordered to pay fine of Rs.1,000/- each and

sentenced to undergo simple imprisonment for six months for

the offences punishable under Sections 504 and 323 of IPC

and sentenced six months imprisonment for the offence

punishable under Section 326 of IPC and three years simple

imprisonment with fine and default sentence which was

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modified by the Principal District Judge in Crl.A.No.7/2013 by

judgment dated 29.01.2015 whereby accused persons were

convicted for the offence punishable under Section 325 read

with Section 34 of IPC and ordered for simple imprisonment

for six months with fine of Rs.1,000/- under Section 325 of

IPC and in default, they were sentenced for simple

imprisonment for one month and out of the fine amount,

Rs.3,000/- as ordered to be paid as compensation under

Section 357 of Cr.P.C.

2.

The brief facts which are necessary for disposal of

the revision petition are as under:

3.

A complaint came to be filed which is registered in

Crime No.54/2010 alleging that the accused persons have

voluntarily caused grievous hurt to Sri G. Marulasiddappa-

complainant on 16.09.2010 at about 8.30 p.m, in the night,

near the shop of Prakash at Kunkanadu village. On

registration of the case, Panchanahally Police investigated the

matter in detail and filed charge sheet against the accused

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persons for the offences punishable under Sections 323, 324,

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

4.

Learned

Magistrate

took

cognizance

of

the

offences and secured the presence of the accused persons

and after recording the charge, accused persons pleaded not

guilty. Accordingly, the trial was held. In order to prove the

case of the prosecution, eight witnesses were examined as

PWs.1 to 8 and six documents were marked as Exs.P1 to P6

and one Material Object is marked as M.O.1.

5.

On

conclusion of the prosecution evidence,

accused statement was recorded as contemplated under

Section 313 Cr.P.C., wherein the accused persons have

denied the incriminating circumstances. Based on the

material on record, in the right of arguments advanced on by

the parties, the learned Magistrate convicted the accused

persons for the offences punishable under Sections 504, 323,

326 read with Section 34 of IPC and sentenced the accused