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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 27^TH DAY OF NOVEMBER, 2020

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

CRIMINAL APPEAL No.3558 OF 2013

BETWEEN:

1.

ABDUL MUJAHEED

SON OF ABDUL KHADAR KATLERI

AGE: 42 YEARS

OCC: BUSINESS

R/O RAM MOHALLAH

SHAHABAD TOWN

TQ: CHITTAPUR

2.

JAMAL

SON OF MOINUDDIN

AGE: 27 YEARS

OCC: BUSINESS

R/O RAM MOHALLAH

SHAHABAD TOWN

TQ: CHITTAPUR

… APPELLANTS

(BY SRI: G.G.CHAGASHETTI, ADV)

AND:

THE STATE OF KARNATAKA

THROUGH SHAHABAD TOWN POLICE STATION

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REP BY ADDL STATE PUBLIC PROSECUTOR

CIRCUIT BENCH

GULBARGA

… RESPONDENT

(BY SRI: SHARANABASAPPA M.PATIL, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

374(2)

OF

CR.P.C.

PRAYING

TO

SET

ASIDE

THE

JUDGMENT AND SENTENCE DATED 16.03.2013 PASSED BY

THE II ADDITIONAL SESSIONS JUDGE AT GULBARGA IN

SPL.CASE NO.223 OF 2011, CONVICTING THE ACCUSED-

APPELLANT NOS.1 AND 2 FOR THE OFFENCE P/U/S 323,

324, 325, 504, 506 READ WITH SECTION 34 OF IPC AND

UNDER SECTION 3(1)(X) OF SC/ST (POA) ACT, 1989; THE

ACCUSED-APPELLANT NOS.1 AND 2 SHALL UNDERGO S.I.

FOR A PERIOD OF SIX MONTHS AND SHALL PAY A FINE OF

RS.500/- EACH FOR THE OFFENCE P/U/S 323 READ WITH

34 OF IPC; FURTHER THEY SHALL UNDERGO S.I. FOR A

PERIOD OF ONE YEAR AND SHALL PAY A FINE OF

RS.1,000/- EACH FOR THE OFFENCE P/U/S 324 READ

WITH 34 OF IPC; FURTHER THEY SHALL UNDERGO S.I.

FOR A PERIOD OF TWO YEARS AND SHALL PAY A FINE OF

RS.1,000/- EACH FOR THE OFFENCE P/U/S 325 READ

WITH 34 OF IPC; FURTHER THEY SHALL UNDERGO S.I.

FOR A PERIOD OF SIX MONTHS AND SHALL PAY A FINE OF

RS.500/- EACH FOR THE OFFENCE P/U/S 504 READ WITH

34 OF IPC; FURTHER THEY SHALL UNDERGO S.I. FOR A

PERIOD OF SIX MONTHS AND SHALL PAY A FINE OF

RS.500/- EACH FOR THE OFFENCE P/U/S 506 READ WITH

34 OF IPC; FURTHER THEY SHALL UNDERGO S.I. FOR A

PERIOD OF TWO YEARS AND SHALL PAY A FINE OF

RS.1,500/- EACH FOR THE OFFENCE P/U/S 3(1)(X) OF

SC/ST (POA) ACT, 1989 WITH DEFAULT SENTENCES. ALL

THE

SAID

SUBSTANTIVE

SENTENCES

SHALL

RUN

CONCURRENTLY.

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THIS CRIMINAL APPEAL COMING ON FOR FINAL

HEARING

THIS

DAY,

THE

COURT

DELIVERED

THE

FOLLOWING:

J U D G M E N T

Appellants-accused Nos.1 and 2 have preferred this

appeal aggrieved by the impugned judgment of conviction

and order of sentence dated 16.03.2013 passed in

Spl.Case No.223 of 2011 on the file of learned II Additional

Sessions Judge at Kalaburagi, convicting the accused for

the offences punishable under Sections 323, 324, 325, 504

and 506 read with Section 34 of Indian Penal Code (for

short 'IPC') and under Section 3(1)(x) of Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(for short 'SC/ST Act'), and sentenced them to undergo

simple imprisonment for a period of six months and to pay

a fine of Rs.500/- each for the offences punishable under

Sections 323, 504 and 506 read with 34 of IPC, sentenced

them to undergo simple imprisonment for a period of one

year and to pay a fine of Rs.1,000/- each for the offence

punishable under Section 324 read with 34 of IPC,

sentenced them to undergo simple imprisonment for a

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period of two years and to pay a fine of Rs.1,000/- each

for the offence punishable under Section 325 read with 34

of IPC, sentenced them to undergo simple imprisonment

for a period of two years and to pay a fine of Rs.1,500/-

each for the offence punishable under Section 3(1)(x) of

SC/ST Act, with default sentences.

2.

Brief facts of the case are that, the informant

Nagu lodged the first information against the accused

stating that on 04.01.2011 at 10.30 p.m. the lorry with the

gas cylinders had reached his agency and as there was

demand for gas cylinders from the customers, he was

supplying the cylinders. At that time, accused Nos.1 and 2

came and picked up quarrel with the informant objecting

for distribution of the cylinders. The accused have abused

him in filthy language