Karnataka High Court
The State Of Karnataka vs Syed Waseem @ Waseem on 6 June, 2023
Bench: Sreenivas Harish Basavaraja, Gbj
-1-
NC: 2023:KHC:19068-DB
CRL.A No. 367 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 367 OF 2022
Between:
The State of Karnataka
By Bagalur Police Station,
Rep. by Public Prosecutor,
High Court Building,
Bengaluru -560001
...Appellant
(By Sri K.S.Abhijith, HCGP)
And:
1. Syed Waseem @ Waseem
Digitally signed Son of Syed Nazeer,
by SRIDEVI S Aged about 31 years,
Location: HIGH Resident at Near Chikkabegur Gate,
COURT OF Subhash Nagar, Hosur Road,
KARNATAKA Bengaluru - 560030
2. Sheikh Javeed
S/o. Abdul Basheed,
Aged about 23 years,
R/at Bazakpalya,
Bagalur, Bengaluru - 562149
3. Sikander
S/o. Late Syed Wazeed,
Aged about 23 years,
R/at No. 60/1, 16th Cross,
-2-
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CRL.A No. 367 of 2022
Rented House of Abdulla,
In Front of Mubarak Medicals,
Lakkasandra, Bengaluru - 560030
...Respondents
(By Sri Chethan B., Advocate for R2;
Sri A.S.Kulkarni, Advocate for R3;
R1 - served and unrepresented)
This Criminal Appeal is filed u/s.378(1)(3) Cr.P.C.,
praying to grant leave to appeal against the impugned
judgment and order of acquittal dated 12.01.2021 on the file of
the VII Additional District and Sessions Judge, Bengaluru Rural
District, Bengaluru in S.C.No.160/2010 acquitting the
accused/respondents for the offence p/u/s 307 r/w 34 of IPC.
This Criminal Appeal, coming on for admission, this day,
Sreenivas Harish Kumar J., delivered the following:
JUDGMENT
Heard Sri. K.S. Abhijith, learned Government Pleader
on admission of this appeal.
2. The respondents are accused 1,5 and 6 in
S.C.No.160/2010 on the file of VII Addl. District and
Sessions Judge, Bengaluru Rural District. They faced trial
for the offences punishable under sections 353, 332 and
307 r/w 34 IPC along with accused 2 and 4 who had
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CRL.A No. 367 of 2022
absconded. Upon appreciation of evidence the trial court
recorded conviction of respondents for the offences
punishable under sections 353 and 332 r/w 34 IPC, but
acquitted them of the offence under section 307 IPC.
3. Though the learned Government Pleader argues
that the eye witnesses have supported the prosecution
and that the respondents including the absconding
accused had clear intention of making an attempt on the
lives of PW.15 and 19, it is to be stated that the wound
certificates produced by the prosecution do not disclose
injuries which were likely to cause the death of PW.15 and
19. According to Ex.P.64, the wound certificate of PW.15,
there were two injuries viz., scratch abrasion 0.5 cm x 0.5
cm over the right side of the nose and a lacerated wound
1 cm x 1 cm over right great toe. The wound certificate
of PW.19 shows that he suffered a cut wound measuring 2
x 1 cm over right wrist anterior. The wound certificates
themselves speak that the offence punishable under
section 307 IPC is not attracted. The State has preferred
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CRL.A No. 367 of 2022
this appeal for not convicting the respondents for the
offence under section 307 IPC. We are convinced that the
trial court has rightly come to conclusion that the
prosecution failed to establish the offence punishable
under section 307 IPC. We do not find any good ground to
admit this appeal. Therefore appeal is dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
sd
