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CRL.RP No. 369 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 369 OF 2018
BETWEEN:
1. NAGA @ BAGURANA NAGA,
S/O MARIGOWDA,
AGED ABOUT 50 YEARS,
2. KRISHNA @ KHADAR,
S/O BAGURANA MARIGOWDA,
AGED ABOUT 42 YEARS,
3. BHUTHA @ NANJEGOWDA,
S/O BAGURANA MARIGOWDA,
AGED ABOUT 38 YEARS,
4. BAGURANA KULLA @ MADAPPA,
S/O NANJAIAH,
AGED ABOUT 38 YEARS,
5. CABLE NINGARAJU @ LINGARAJA,
Digitally signed
by GAYATHRI S/O SHANKARALINGAIAH,
PG AGED ABOUT 41 YEARS,
Location: High
Court of
Karnataka
6. RAMESHA @ MARKET RAMESHA,
S/O NINGEGOWDA,
AGED ABOUT 36 YEARS,
7. LINGARAJA @ BACHA,
S/O SHANKARALINGAIAH,
AGED ABOUT 41 YEARS,
8. PAPA @ PAPANNA
S/O KUNDI KEMPEGOWDA,
AGED ABOUT 38 YEARS,
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CRL.RP No. 369 of 2018
9. MANJA,
S/O KADILUVAGILU CHIKKANNA,
AGED ABOUT 42 YEARS,
APELLANT NOs.1 TO 9 ARE
R/OF BOOTHANA HOSURU VILLAGE,
KOTAHATTHI HOBLI,
MANDYA TALUK & DISTRICT - 571 401.
...PETITIONERS
(BY SRI. A.N.RADHAKRISHNA, ADVOCATE)
AND:
STATE OF KARNATAKA
BY MANDYA RURAL POLICE,
MANDYA.
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-560 001.
...RESPONDENT
(BY SRI. GOPALA KRISHNA C., ADVOCATE FOR PWs1, 3 & 4;
SMT. RASHMI JADHAV, HCGP FOR RESPONDENT)
THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO: i) SET ASIDE THE JUDGMENT OF
CONVICTION AND SENTENCE PASSED BY THE JUDICIAL
MAGISTRATE FIRST CLASS, MANDYA, IN C.C.NO.976/2006,
DATED 24.01.2015 AND CONFIRMED IN CRL.APPEAL
NOs.12/2015 AND 17/2015 BY THE LEARNED PRL. SESSIONS
JUDGE AT MANDYA, DATED 29.01.2018 AND 2.TO ACQUIT THE
PETITIONER/ACCUSED NOs.1 TO 9 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 504, 323,
324, 326 R/W 149 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.RP No. 369 of 2018
ORDER
This criminal revision petition under Section 397 of Cr.P.C. is filed by accused Nos.1 to 9 challenging the judgment and order of conviction and sentence passed by the Court of Judicial Magistriate First Class, Mandya in C.C.No.976/2006 dated 24.01.2015 and the judgment and order dated 29.01.2018 passed by the Court of Prl.Sessions Judge at Mandya in Crl.A.Nos.12/2015 and 17/2015.
2. Heard the learned counsel for the petitioners, learned counsel appearing for PWs.1, 3 and 4 and learned HCGP for respondent-State.
3. Facts leading to filing of this revision petition narrated briefly are:
On 16.09.2006 at about 9.30 p.m. within the limits of Mandya Rural Police Station near Kabbanahallil Circle, the petitioners in furtherance of their common object formed into an unlawful assembly in order to commit rioting by holding weapons like iron lang and wooden club, -4- CRL.RP No. 369 of 2018 abused CW.3 and assaulted him with deadly weapons. While CWs.1 and 2 tried to intervene, accused persons also assaulted them and caused simple as well as grievous injuries to CWs.1 to 3.
4. On the basis of complaint of CW.1, a criminal case was registered for the offences punishable under Sections 143, 147, 148, 341, 504, 323, 324, 326 r/w 149 of IPC. The police after investigation had filed the charge sheet against the accused for the aforesaid offences and a case was registered against the accused in C.C.No.976/2006.
5. In the said criminal case, the trial Court by its judgment and order dated 24.01.2015 convicted and sentenced the accused for the offences for which they were charged.
6. Against the said judgment and order of conviction and sentence, accused Nos.1 to 8 had filed Crl.A.No.12/2015 and accused No.9 filed Crl.A.No.17/2015. -5-
CRL.RP No. 369 of 2018 The said two appeals were heard together and by a common judgment dated 29.01.2018 the Court of Prl. Sessions Judge at Mandya dismissed the appeals and confirmed the judgment and order of conviction and sentence passed by the trial Court. It is in these factual background, the accused Nos.1 to 9 are before this Court in this criminal revision petition.
7. Learned counsel for the petitioners as well as learned counsel for PWs.1, 3 and 4 jointly submit that during the pendency of this revision petition, the dispute between the parties has been amicably settled. They submit that the petitioners and PWs.1, 3 and 4 are neighbourers and they are all agriculturists by avocation. At the intervention of the well-wishers and the elders of both the parties, dispute has been settled and the parties intend to live peacefully in future. They submit that having regard to the settlement arrived between the parties, they have now field I.A.No.1/2023 under Section 320(6) and (8) r/w 482 of Cr.P.C. with a prayer to permit -6- CRL.RP No. 369 of 2018 the parties to compound the offences for which the accused have been convicted and sentenced by the courts below.
8. Petitioners/accused and PWs.1, 3 and 4 are present before the Court. On enquiry, they submit that the settlement arrived between them is voluntary and without there being any undue influence or coercion. They submit that they intend to live peacefully in future. PWs.1, 3 and 4 are identified by their advocate.
9. The application I.A.No.1/2023 filed by the parties seeking permission of this Court to permit them to compound the offences for which the petitioners have been convicted and sentenced by the Courts below is taken on record. Along with the application, the petitioners/accused as well as PWs.1, 3 and 4 have produced their Aadhaar cards and photos for the purpose of their identification.
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CRL.RP No. 369 of 2018
10. The petitioners/accused have been convicted and sentenced by the Courts below for the offences punishable under Sections 143, 147, 148, 341, 504, 323, 324, 326 r/w 149 of IPC. Amongst these offences except the offences under Sections 324 and 326 of IPC, all other offences are compoundable offences. This Court in Crl.R.P.N.747/2014 at paragraph 5 has held as under:
"5. xxxx The Hon'ble Supreme Court in the case of Ram Puja Vs. State of U.P., (1973) SCC (Cri) 870, Machhi Singh & Others Vs. State of Punjab - (1983) SCC (Criminal) Page 52, (2008) 1 SC 184 - Hasi Mohan Barman and Another vs. State of Assam and Another and (2008) 15 SCC 667 - Ishwarlal Vs. State of M.P., has held that when the parties are close relatives and when the dispute between the parties has been amicably settled even though the offence for which the accused has been convicted is non compoundable taking into the totality of the facts and circumstances, the sentence imposed on the accused can be reduced to the minimum. xxxx"
11. PWs.1, 3 and 4 are the injured victims in the present case. They have appeared in person before the Court and submitted that they intend to live peacefully in -8- CRL.RP No. 369 of 2018 future and therefore, they have settled the dispute with the petitioners on the advice and intervention of well- wishers of both the parties. Taking into consideration the averments made in the application I.A.No.1/2023, the submissions made on behalf of both the parties and also in the background of the judgments passed by the Hon'ble Supreme Court, I am of the view that it is a fit case wherein, the sentence imposed by the Courts below on the petitioners/accused is required to be reduced.
12. From the records it is seen that accused Nos.4, 7 and 8 were in judicial custody for the period between 17.09.2006 and 22.11.2006. The incident is of the year 2006. Already 17 years have lapsed from the date of incident. Having regard to the lapse of time and also considering the fact that the dispute between the parties has been amicably settled and they now intend to live peacefully in future, I am of the considered view that the parties are required to be permitted to compound the offences punishable under Sections 143, 147, 148, 341, -9- CRL.RP No. 369 of 2018 504 and 323 r/w 149 of IPC and for the offences punishable under Sections 324 r/w 149 and 326 r/w 149 of IPC, punishment is required to be reduced to minimum. Accordingly, the following:
ORDER
1. The criminal revision petition is partly allowed;
2. For the reasons stated in the affidavit filed in support of the application, the prayer made in I.A.No.1/2023 is partly allowed and the petitioners/accused are permitted to compound the offences punishable under Sections 143 r/w 149 of IPC, 147 r/w 149 of IPC, 148 r/w 149 of IPC, 341 r/w 149 of IPC, 504 r/w 149 of IPC and 323 r/w 149 of IPC;
3. Having regard to the same, petitioners/accused are acquitted of the aforesaid offences which they are permitted to compound;
4. The judgment and order of conviction passed against the petitioners/accused for the offences punishable under Sections 324 r/w 149 of IPC and
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CRL.RP No. 369 of 2018 326 r/w 149 of IPC is upheld. However, the sentence imposed by the Courts below for the aforesaid offences is modified;
5. For the offence punishable under Section 324 r/w 149 of IPC, the sentence of imprisonment imposed by the Courts below is reduced till raising of the Court and the accused Nos.1 to 9 are also sentenced to a fine of Rs.2,500/- (Rupees Two Thousand Five Hundred only) each and in default to undergo simple imprisonment for a period of one month;
6. For the offence punishable under Section 326 r/w 149 of IPC, the sentence of imprisonment imposed by the Courts below is also reduced till raising of the Court and the accused Nos.1 to 9 are sentenced to a fine of Rs.5,000/- (Rupees Five Thousand only) each and in default to undergo simple imprisonment for a period of two months;
7. The petitioners/accused are directed to pay the fine amount before the trial Court, if not already paid,
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CRL.RP No. 369 of 2018 within a period of four weeks from the date of receipt of certified copy of this order;
8. In addition to the compensation paid to PWs.1, 3 and 4 as ordered by the trial Court, a further sum of Rs.10,000/- is directed to be paid to PW.1 and a sum of Rs.5,000/- each is directed to be paid to PW.3 and PW.4 from the fine amount recovered from the accused. The balance fine amount shall be remitted to State.
Sd/-
JUDGE PGG