IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 04^TH DAY OF OCTOBER, 2018

PRESENT

THE HON’BLE MR.JUSTICE B.VEERAPPA

AND

THE HON’BLE MR.JUSTICE H.T. NARENDRA PRASAD

CRIMINAL APPEAL NO.100014/2017

BETWEEN:

GUNDAPPA,

S/O SHIVAPPA DANDIN,

AGE: MAJOR, OCC: AGRICULTURE,

R/O: KALLUR, TQ/DIST: DHARWAD.

... APPELLANT

(BY SRI SHRIHARSH A NEELOPANT, ADVOCATE)

AND

1.

ISMAIL,

S/O GARIBSAB SAYYADNAVAR,

@ HANCHIMANI, AGE: MAJOR,

OCC: AGRICULTURE,

R/O: KALLUR VILLAGE,

TQ/DIST : DHARWAD.

2.

BUDDA @ BUDDESAB,

S/O GARIBSAB SAYYADNAVAR ,

@ HANCHIMANI, AGE: MAJOR,

OCC: AGRICULTURE,

R/O: KALLUR VILLAGE,

TQ/DIST DHARWAD.

3.

BABUSAB,

S/O MAKTUMSAB SAYYADNAVAR ,

@ HANCHIMANI, AGE: MAJOR,

OCC: AGRICULTURE,

: 2 :

R/O: KALLUR VILLAGE,

TQ/DIST DHARWAD.

4.

MUNNA @ MUNNASAB,

S/O RAJESAB SAYYADNAVAR,

@ HANCHIMANI, AGE: MAJOR,

OCC: AGRICULTURE,

R/O: KALLUR VILLAGE,

TQ/DIST DHARWAD.

5.

GOUSUSAB,

S/O RAJESAB SAYYADNAVAR,

@ HANCHIMANI, AGE: MAJOR,

OCC: AGRICULTURE,

R/O: KALLUR VILLAGE,

TQ/DIST DHARWAD.

6.

RIYAZ,

S/O RAJESAB SAYYADNAVAR ,

@ HANCHIMANI, AGE: MAJOR,

OCC: AGRICULTURE,

R/O: KALLUR VILLAGE,

TQ/DIST DHARWAD.

7.

IMTIYAZ,

S/O RAJESAB SAYYADNAVAR ,

@ HANCHIMANI, AGE: MAJOR,

OCC: AGRICULTURE,

R/O: KALLUR VILLAGE,

TQ/DIST DHARWAD.

8.

MAKTUMSAB,

S/O BABUSAB SAYYADNAVAR,

@ HANCHIMANI, AGE: MAJOR,

OCC: AGRICULTURE,

R/O: KALLUR VILLAGE,

TQ/DIST DHARWAD.

9.

SADIQ,

S/O BABUSAB SAYYADNAVAR ,

@ HANCHIMANI, AGE: MAJOR,

OCC: AGRICULTURE,

R/O: KALLUR VILLAGE,

TQ/DIST DHARWAD.

: 3 :

10. THE STATE,

REPRESENTED BY PSI,

GARAG POLICE STATION,

GARAG, TQ/DIST: DHARWAD.

... RESPONDENTS

(BY SRI K.M.SHIRALLI, ADVOCATE FOR R1, 2, 4 TO 7)

(BY SRI SANTOSH B MALAGOUDAR ADVOCATE FOR

R3, 8 & 9)

(BY SRI V.M.BANAKAR, ADDL. S.P.P FOR R10)

THIS

CRIMINAL

APPEAL

IS

FILED

UNDER

SECTION 372 OF CODE OF CRIMINAL PROCEDURE

PRAYED TO ALLOW THE APPEAL AND MODIFY THE

JUDGMENT AND ORDER OF CONVICTION PASSED IN

S.C.NO.51/2009 DATED 13.03.2012 PASSED BY THE

PRESIDING

OFFICER,

FAST

TRACK

COURT-III,

DHARWAD C/C FAST TRACK COURT-I DHARWAD BY

IMPOSING HIGHER PUNISHMENT ON THE ACCUSED

NO.1

TO

10

FOR

THE

OFFENCES

PUNISHABLE

UNDER SECTIONS 143, 147, 148, 307 R/W SECTION

149 OF INDIAN PENAL CODE, SECTION 324 READ

WITH SECTION 149 OF IPC AND SECTION 427 R/W

SECTION 149 OF IPC IN THE ENDS OF JUSTICE.

THIS APPEAL COMING ON FOR HEARING ON I.A

THIS

DAY,

B.VEERAPPA

J.,

DELIVERED

THE

FOLLOWING:

JUDGMENT

This criminal appeal is filed by the original

complainant for modification of the judgment

and order of conviction dated 13.03.2012 made

in S.C.No.51/2009 on the file of the Fast Track

Court-III, Dharwad C/c. Fast Track Court-I,

Dharwad for enhancement of conviction since

: 4 :

the

trial

court

has

convicted

the

accused

persons to undergo imprisonment for a period of

three years under the provision of Section 307

read with section 149 of IPC and under the

provisions of Sections 324, 427, 148, 143, 147

read with Section 149 of IPC.

2.

The

order

on

sentence

made

on

14.03.2012. The present appeal came to be filed

on 09.01.2017. There is inordinate delay of 4

years 8 months in preferring the appeal. In the

affidavit

accompanying

the

application

to

condone the delay of 1702 days in filing the

appeal is only stated that, he applied for

certified copy of the judgment and order in the

Sessions Case on 30.03.2012 and the same was

obtained on 25.06.2012 and he wanted to file

appeal. Due to financial incapacity, he had been

to Goa for a period of two years to do some daily

wage work on contract basis and thereafter since

one of the transport companies at Mangaluru

: 5 :

offered him some more remuneration, then he

shifted to Mangaluru and he worked there for a

period of 2½ years. When he came to his native

place, the accused persons - respondent Nos.1

t