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CRL.A No. 200046 of 2019

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 6^TH DAY OF APRIL, 2023

BEFORE

THE HON'BLE MR JUSTICE S RACHAIAH

CRIMINAL APPEAL NO.200046 OF 2019

BETWEEN:

EARESH S/O NARASAPPA

AGE: 28 YEARS OCC: AGRICULTURE

R/AT HIRAPUR VILLAGE

TQ & DIST: RAICHUR

…APPELLANT

(BY SRI. B C JAKA.,ADVOCATE)

AND:

STATE OF KARNATAKA

BY YERAGERA POLICE STATION,

NOW REPRESENTED BY

ADDL. SPP HIGH COURT OF KARNATAKA

KALABURAGI BENCH

…RESPONDENT

(BY SRI. SHARANABASAPPA M. PATIL, HCGP FOR R1

SRI.

SHARANAGOUDA

V.

PATIL,

ADVOCATE

FOR

COMPLAINANT)

Digitally signed

by

KHAJAAMEEN L

MALAGHAN

Location: High

Court of

Karnataka

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CRL.A No. 200046 of 2019

THIS CRL.A. IS FILED UNDER SECTION 374 (2) OF

CR.P.C.

PRAYING

TO

SET

ASIDE

THE

IMPUGNED

JUDGMENT

OF

CONVICTION

AND

ORDER

DATED

06.02.2019 AND 08.02.2019 IN S.C.NO.143/2017 PASSED

BY THE DIST. AND SESSIONS JUDGE AT RAICHUR, BY

ALLOWING THIS APPEAL, CONSEQUENTLY ACQUIT THE

APPELLANT / ACCUSED OF THE CHARGES LEVELED

AGAINST HIM, FOR THE OFFENCES PUNISHABLE UNDER

SECTIONS 341, 504 AND 307 OF IPC.

THIS APPEAL IS COMING ON FOR FINAL HEARING,

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

The respective parties have filed an application under

Section 320 read with Section 482 of Cr.P.C. seeking leave

of the Court to compromise the matter.

02. The alleged offences are punishable under

Sections 341, 504 and 307 of IPC.

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CRL.A No. 200046 of 2019

03. The case of the prosecution is that the

complainant - Narasamma is the resident of Hirapur

village. She has lost her husband about 20 years ago. The

accused is her son. As on the date of alleged incident, 09

months back, wife of the accused died. The accused has a

daughter by name Roopa. It is further stated that the

complainant has some land, which was derived from her

husband and it was sold for a sum of Rs.8,00,000/-. Out of

the said amount, Rs.5,00,000/- was kept in F.D. in the

name of her grand-daughter Roopa and remaining

Rs.3,00,000/- was with the complainant. It is further

stated that the accused is drunkard and vagabond always

use to harass the complainant by demanding money to

quench his thirst of liquor. It is further stated in the

complaint that he was not bothering any elder advise. On

04.07.2017 at about 06.00 p.m. when the complainant

standing in front of her house, the appellant came and

insisted her to giver money to drink liquor. The

complainant unable to give him money to drink liquor and

when she refused to give money, the accused being

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CRL.A No. 200046 of 2019

enraged has started throttling her neck, By that time, she

had raised alarm, neighbours rushed and rescued her.

Therefore, on their advise, she has lodged the complaint.

The police have registered the case in Crime No.175/2017

for the above said offences.

04. After full pledged trial, the Trial Court convicted

the appellant for the aforesaid offences. The Trial Court

sentenced the appellant to undergo rigorous imprisonment

for 05 years and pay fine of Rs.25,000/- for the offence

punishable under Section 307 of IPC. In default of

payment

of

fine,

accused

shall

undergo

simple

imprisonment for one year. Further, the appellant is

sentenced to undergo rigorous imprisonment for one year

and pay fine of Rs.500/- for the offence punishable under

Section 341 of IPC. In default of payment of fine, accused

shall undergo simple imprisonment for one month.

Further, the accused is sentenced to undergo rigorous

imprisonment for one year and pay fine of Rs.2,000/- for

the offence punishable under Section 504 of IPC. In

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CRL.A No. 200046 of 2019

default of payment of fine, accused shall undergo simple

imprisonment for three months.

05. Being aggrieved by the same, the appellant is

before this Court.

06. Today the respective parties have filed an

application