Gurusiddappa vs State Of Karnataka
2021 Latest Caselaw 6846 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 20TH DAY OF DECEMBER, 2021

                          BEFORE

        THE HON'BLE MR. JUSTICE V. SRISHANANDA

      CRIMINAL REVISION PETITION NO.359/2012
BETWEEN

1.    GURUSIDDAPPA
      AGED ABOUT 54 YEARS
      S/O LATE SIDDAPPA

2.    SWAMY
      AGED 28 YEARS
      S/O SHIVAPPA

3.    MAHADEVA
      AGED 36 YEARS

ALL ARE RESIDENTS OF
SANNAMALLAPURA VILLAGE
NANJANGUD TALUK
MYSORE DISTRICT
                                          ...PETITIONERS
(BY SRI LOKESH D.K., ADVOCATE FOR
M/S. P NATARAJU ASSOCIATES)

AND

STATE OF KARNATAKA BY
STATION HOUSE OFFICER
BADAVANALU POLICE STATION
NANJANGUD TALUK
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU
                                         ...RESPONDENT
(BY SRI V.S. VINAYAKA, HCGP)
                               2


      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397(1) OF CR.P.C. PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER PASSED BY THE PRINCIPAL DISTRICT
AND SESSIONS JUDGE, MYSORE IN CRL.A.NO.133/2021 DATED
14.02.2012 AND THE JUDGMENT AND ORDER PASSED BY THE
ADDITIONAL CIVIL JUDGE AND JMFC., NANJANGUD IN CC
NO.258/2008 DATED 1.10.2011.

     THIS CRIMINAL REVISION PETITION COMING ON FOR
HEARING     THROUGH       PHYSICAL     HEARING/VIDEO
CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

The accused persons are in revision before this Court

who have suffered an order of conviction for the offences

punishable under Sections 341, 323, 326 and 504 read

with 34 of IPC and sentenced to undergo imprisonment in

CC No.28/2008, which has been partly allowed by

acquitting the accused-revision petitioners for the offence

punishable under Section 341 of IPC and the rest of the

conviction and sentence being confirmed in

Crl.A.No.133/2011 by judgment dated 14.02.2012 by the

Judge in the First Appellate Court.

2. The brief facts are as follows;

Upon charge sheet being laid against the accused for

the offences punishable under Sections 341, 323, 326 and

504 read with 34 of IPC, the accused took up the trial and

the learned Trial Magistrate convicted and sentenced them

to undergo imprisonment for a period of six months for the

offence under Section 326 of IPC and for the rest of the

offences, fine was imposed. Being aggrieved by the

same, the accused persons preferred an appeal before the

Principal District and Sessions Judge, Mysore in

Crl.A.No.133/2011. Out of the four accused persons,

accused No.4-Gurumallamma was acquitted and accused

Nos.1 to 3, who are appellant Nos.1 to 3 were acquitted

for the offences under Sections 341 and 504 read with 34

of IPC and rest of the conviction and sentence came to be

confirmed.

3. In the complaint averments, it is alleged that on

30.09.2007, at about 8.00 p.m., the accused persons, with

a common intention, went in front of the house of the

complainant, picked up a quarrel and there was an

altercation. At that juncture, the accused persons

assaulted the complainant with MO.1-'Kokke Jalle' (a sort

of club), which resulted in injuries to the complainant as

per the Wound Certificate-Ex.P.6 and there was a fracture

injury. The accused denied the charges and trial was held.

In order to prove the case, the prosecution, in all,

examined 11 witnesses as PWs.1 to 11 apart from 9

documentary evidence exhibited as Exs.P.1 to P.9 and got

marked the Kokke Jalle and blood stained clothes as per

Exs.P.1, P.2 & P.3 respectively. On conclusion of the trial,

the accused statement as contemplated under Section 313

of Cr.P.C. were recorded wherein the accused denied all

the incriminatory materials put to them and did not place

their version of evidence on record by examining

themselves or by placing written statement as

contemplated under Section 313(5) of Cr.P.C. Thereafter,

learned Trial Magistrate heard the parties, convicted and

recorded sentence for all the offences. Being aggrieved by

the same, the accused preferred Crl.A.No.133/2011 before

the Principal District and Sessions Judge, Mysore, who

after securing the records, heard the parties and

maintained the order of conviction against the accused

persons for the offences punishable under Sections 323

and 326 of IPC.

4. Learned counsel for the revision petitioners

vehemently contended that both the Courts have not

properly appreciated the materials on record and wrongly

passed the order of conviction. Alternatively, he also filed

an application in I.A.No.1/2021 under Section 482 of

Cr.P.C., stating that the accused persons are ready to pay

higher fine amount and in terms of the same, the matter

may be disposed of as there is settlement between the

parties.

5. The application in I.A.No.1/2021 praying to

compound the offences is taken on record.

6. The complainant-injured is present before the Court

as also the accused persons, who are close relatives of the

accused. Taking note of the facts and circumstances of

the case and also taking note of the fact that the incident

is of the year 2007, this Court is of the considered opinion

that while maintaining the order of conviction of the

accused for the offences punishable under Section 323 and

326 of IPC, if the accused persons are ordered to undergo

simple imprisonment for a day till the raising of the court

and ordered to pay a find of Rs.20,000/- each, would meet

the ends of justice. Out of the fine amount recovered, if a

sum of Rs.50,000/- is ordered to be paid to the

complainant injured as compensation, the complainant

would be suitably compensated for the injuries sustained

by him. Hence, the following;

Order

i) The Criminal Revision Petition is allowed-in-part

and I.A.No.1/2021 stands disposed of.

ii) While maintaining the order of conviction of the

accused persons for the offences under Section

323 and 326 of IPC, they are directed to undergo

simple imprisonment for a day till the raising of

the Court and ordered to pay a fine of

Rs.20,000/- each, inclusive of the amount already

paid, and out of the fine amount recovered, a sum

of Rs.50,000/- be paid as compensation to the

complainant and the balance Rs.10,000/- shall be

appropriated to State towards defraying

expenses.

iii) Time is granted till 31.01.2022 to pay the fine

amount.

iv) It is made clear that, if there is any default of

payment of fine amount on or before 31.01.2022,

the accused persons shall undergo further simple

imprisonment for a period of six months.

     v)     Ordered accordingly.



                                                Sd/-
                                               JUDGE


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