IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 26^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL APPEAL NO.3625/2013

BETWEEN:

SHANKREPPA

S/O. KAREPPA KANABUR

AGE: 45 YEARS, OCC:AGRICULTURE

R/O. DODAMATTI VILLAGE,

TQ: & DIST: BIJAPUR.

…

APPEALLANT

(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)

AND:

THE STATE OF KARNATAKA

THROUGH THE POLICE SUB INSPECTOR,

BABALESHWAR POLICE STATION. ..

RESPONDENT

(BY SRI GURURAJ V. HASILKAR, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

374(2) OF CR.P.C. PRAYING TO SET ASIDE THE

JUDGMENT AND ORDER OF CONVICTION PASSED BY THE

II ADDL. SESSIONS JUDGE, BIJAPUR IN SC No.157/2012

DATED 24.9.2013 CONVICTING THE ACCUSED FOR THE

O/P/U/S 504, 325 OF IPC.

2

THIS CRIMINAL APPEAL COMING ON FOR HEARING

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

1.

Accused in SC No.157/2012, challenging the

validity of the judgment dated 24.9.2013 passed by the II

Addl. Sessions Judge, Bijapur, has preferred this appeal.

2.

Brief facts which are necessary for disposal of

the appeal are as under:

On the basis of the complaint lodged by the

complainant Kaleppa S/o. Beemappa Kanabur, Bableshwar

Police Station registered a case in Crime No.205/2009 for

the offence punishable under Sections 323, 325, 504, 506,

341 read with Section 34 of IPC.

3.

Complaint

averments

reveal

that

on

13.10.2009 when he was proceeding from his agricultural

land to hotel for consuming tea in the evening hours,

accused persons followed him and picked up quarrel on the

ground that why he had taken his cattle to a water course

situated in their land and abused him in filthy language

3

and assaulted with a stone on his head and also kicked

him. Gurupadappa and others pacified the quarrel and

thereafter, he filed complaint to the police around 11.00

a.m., on 14.10.2009. Police after registering the case,

investigated the matter and filed charge sheet against the

accused invoking Section 307 of IPC as well.

4.

Learned

Magistrate

took

cognizance

and

committed the matter to the Sessions Court after

complying Section 207 Cr.PC.

5.

Before the learned Sessions Court, presence of

the accused was secured and charge was framed. Since

accused persons pleaded not guilty, trial was held against

them.

6.

In

order

to

establish

the

case

of

the

prosecution, in all eight witnesses were examined as

PWs.1 to 8 and as many as six documents were relied on

which were exhibited and marked as Exs.P1 to P6 and the

stone which was used for assaulting the complainant is

marked as MO-1. On completion of the recording of the

4

evidence,

accused

statement

was

recorded

as

contemplated under Section 313 of Cr.PC., wherein, the

accused persons denied all the incriminatory materials and

they did not file any written submission as to their version

nor lead any defence evidence. Learned Sessions Judge

after hearing the parties and perusal of the records,

convicted the accused persons for the offences punishable

under Sections 504 and 325 of IPC and passed the

following sentence:

"The Accused No.1 is sentenced to

undergo simple imprisonment for six (6)

months for the offence punishable under

Section 504 of IPC.

The

Accused

No.1

is sentenced to

undergo Rigorous imprisonment and to pay

fine of Rs.10,000/- (Rupees Ten thousand

only) for the offence punishable under Section

325 of IPC and in default of payment of fine,

he shall undergo simple imprisonment for six

(6) months.

If the fine amount is realized, a sum of

Rs.8,000/- (Rupees Eight thousand only) shall

5

be

paid

to

CW-1

-

complainant

as

compensation."

7.

Learned

counsel

for

the

appellant

has

challenged the conviction judgment on the following

grounds:

The impugned Judgment is contrary to law and

evidence on record.

Learned Judge failed to appreciate the evidence and

the materials on record in proper perspec