IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 9^TH DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRL.R.P.NO.2170/2012

BETWEEN:

HEMANAGOUDA DEVANAGOUDA PATIL,

AGE: 45 YEARS, OCC: AGRI.,

R/O MAGADI, TQ.SHIRAHATTI,

DIST: GADAG.

…PETITIONER

(BY SRI.NAGARAJ J.APPANNANAVAR, ADV. FOR

SRI.LAXMAN T.MANTAGANI, ADV.)

AND:

THE STATE OF KARNATAKA,

BY SHIRAHATTI POLICE,

THROUGH S.P.P., HIGH COURT OF KARNATAKA,

DHARWAD.

…RESPONDENT

(BY SRI.RAMESH B.CHIGARI, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED UNDER

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

ASIDE THE JUDGMENT AND ORDER DATED 19.06.2012 PASSED

BY

THE

DISTRICT

AND

SESSIONS

JUDGE,

GADAG

IN

CRL.A.NO.11/2012 CONFIRMING THE JUDGMENT AND ORDER

DATED 10.04.2012 PASSED BY THE CIVIL JUDGE AND JMFC,

LAXMESHWAR IN C.C.NO.164/2011.

THIS CRIMINAL REVISION PETITION HAVING BEEN

HEARD AND RESERVED FOR ORDERS ON 03.08.2021 COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

2

ORDER

This criminal revision petition is filed by the

accused/revision petitioner under Section 397 r/w Section

401 of Cr.P.C. to set aside the judgment and order dated

19.06.2012 passed by the District and Sessions Judge,

Gadag in Crl.A.No.11/2012 confirming the judgment of

conviction and order of sentence dated 10.04.2012 passed

by

the

Civil

Judge

and

JMFC,

Laxmeshwar

in

C.C.No.164/2011.

2.

For the sake of convenience, the parties are

referred in the original ranks occupied by them before the

trial court.

3.

The brief facts of the case are that, the

accused/revision petitioner was convicted for the offences

punishable under Sections 324, 326, 504 and 506 of IPC.

The allegations of the prosecution discloses that, on

25.07.2011 at about 12.00 p.m. on Magadi-Laxmeshwar

public road near Shibargatti within the limits of Shirahatti

Police Station, the accused picked up a quarrel with the

3

complainant alleging that he took away his wife Laxmavva

and assaulted him with axe and cut a nib of his right hand

index finger and when the mother of the complainant

C.W.7 intervened, she was also assaulted. It is also alleged

that both the complainant and C.W.7 have suffered injuries

and accused has also abused them in filthy language, gave

life threat to them by putting them under instant fear of

life or injuries to their limbs. In this regard, a complaint

came to be lodged and on the basis of the complaint, the

Investigating Officer has investigated the crime and

submitted the charge sheet. After submission of the charge

sheet, the learned Magistrate has taken cognizance and

furnished prosecution papers to the accused. Thereafter,

learned Magistrate has framed charges under Sections

324, 326, 504 and 506 of IPC against the accused. The

accused pleaded not guilty and claimed to be tried. The

prosecution examined 9 witnesses as P.Ws.1 to 9 and got

marked 7 documents as Exs.P1 to P7. Then the statement

of the accused under Section 313 of Cr.P.C. is recorded to

enable the accused to explain the incriminating evidence

4

appearing against him in the case of the prosecution. But

the accused did not choose to lead any evidence and his

case was of total denial. After hearing the arguments, the

learned Magistrate has framed following issues:

i)

Whether

the

prosecution

proves

beyond all reasonable doubt that on 25-07-2011 at

about 12.00 p.m. on Magadi-Laxmeshwar public

road near Shibargatti, which is situated within the

limits of Shirahatti police Station. Accused has

picked up quarrel with the first informant Mutturaj

for alleged he has takeout his wife Laxmavva and

assaulted to him with axe and cut nib of his right

hand indicator finger and thereby committed an

offence punishable U/Sec.326 of IPC?

ii)

Further,

whether

the

prosecution

proves beyond all reasonable doubt that on the

same date, time and place, accused has picked up

qua