Karnataka High Court
Kamanna S/O Lasagiriyappa vs Sri Hanumanthappa And Anr on 19 April, 2024
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NC: 2024:KHC-K:3111
CRL.A No. 200052 of 2020
C/W CRL.A No. 200040 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
CRIMINAL APPEAL NO.200052 OF 2020 (372)
C/W
CRIMINAL APPEAL NO.200040 OF 2020 (374)
IN CRIMINAL APPEAL NO.200052/2020.
BETWEEN:
KAMANNA S/O LASAGIRIYAPPA
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: HADAGALI TANDA, TQ. LINGASUGUR,
DIST. RAICHUR.
Digitally signed ...APPELLANT
by KHAJAAMEEN (BY SRI PUNITH MARKAL, ADVOCATE)
L MALAGHAN
Location: HIGH
COURT OF
KARNATAKA
AND:
1. SRI HANUMANTHAPPA S/O LASAGIRIYAPPA,
AGE: 63 YEARS, OCC: AGRICULTURE WORK.
2. SRI SHANKRAPPA S/O HANUMANTHA
AGE: 28 YEARS, OCC: AGRICULTURE,
BOTH ARE R/O: HADAGALI TANDA,
TQ. LINGASUGUR, DIST. RAICHUR.
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NC: 2024:KHC-K:3111
CRL.A No. 200052 of 2020
C/W CRL.A No. 200040 of 2020
3. THE STATE THROUGH MASKI P.S.
TALUK MASKI DIST.-RAICHUR,
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH, KALABURAGI.
...RESPONDENTS
(BY SRI. GANESH NAIK, ADVOCATE FOR R1 AND R2;
SRI JAMADAR SHAHABUDDIN, HCGP FOR R3)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372
OF CR.P.C PRAYING TO ALLOW THIS APPEAL BY SETTING
ASIDE THE JUDGMENT AND ORDER OF LEARNED PRINCIPAL
DISTRICT AND SESSIONS JUDGE AT RAICHUR IN SESSIONS
CASE NO.46/2017 IN ACQUITTING RESPONDENTS AND TO
CONVICT THE RESPONDENTS FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 504, 324, 506 AND 323 READ WITH
SECTION 34 OF IPC ACT BY IMPOSING APPROPRIATE
SENTENCE OF IMPRISONMENT AND COMPENSATION.
IN CRIMINAL APPEAL NO.200040/2020.
BETWEEN:
1. RAJU S/O KAMANNA LAMANI,
AGE: 34 YEARS, OCC: AGRICULTURE,
2. AMARESH S/O KAMANNA LAMANI
AGE: 33 YEARS, OCC: AGRICULTURE,
3. KAMANNA S/O LASAGIRIYAPPA LAMANI
AGE: 53 YEARS, OCC: AGRICULTURE,
ALL ARE R/O. HADAGALI TANDA,
TQ. LINGSUGUR, DIST. RAICHUR-584122.
...APPELLANTS
(BY SRI MAHANTESH PATIL, ADVOCATE)
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CRL.A No. 200052 of 2020
C/W CRL.A No. 200040 of 2020
AND:
STATE OF KARNATAKA BY
MASKI POLICE STATION,
REPRESENTED BY ITS, ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107.
...RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374
(2) OF CR.P.C PRAYING TO CALL FOR RECORDS AND ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT DATED
18.01.2020 PASSED BY THE LEARNED PRINCIPAL DISTRICT
AND SESSIONS JUDGE, RAICHUR IN S.C.NO.14/2013 AND BE
PLEASED TO ACQUIT THE APPELLANTS.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellants in both the appeals are present before
this Court along with their counsels.
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02. The learned counsel in both the cases are
submit that these two appeals arising out of a case and
counter case, wherein the rival parties had sustained
injuries. The rival parties were close relatives and they had
dispute in respect of their lands. As such, in an incident
that took place on 02.10.2012 there was a scuffle between
the parties. On the basis of the complaints filed by the
rival parties, two cases came to be registered before Maski
Police Station. After investigation, the charge-sheets were
laid by the Investigation Officer in both the FIRs. In Crime
No.109/2012 the appellants in Criminal Appeal
No.200040/2020 were arrayed as the accused and they
were tried in S.C.No.14/2013 by the Prl. District and
Sessions Judge, Raichur and they were convicted for the
offences punishable under Sections 504, 323, 324, 326
and 307 read with Section 34 of IPC.
03. In Crime No.110/2012, the respondents in
Criminal Appeal No.200052/2020 were arrayed as the
accused. After the trial in S.C.No.46/2017, they were
acquitted for the offences punishable under Sections 504,
323, 324 and 506 read with Section 34 of IPC.
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04. Now the accused in both the cases are before
this Court with Joint Application under Section 320 read
with Section 482 of Cr.P.C. stating that they have
amicably settled the matter as they are the close relatives.
Therefore, they may be permitted to live in peace and
harmony.
05. A perusal of the records shows that the rival
parties are the cousins by relation and they had a
outstanding dispute regarding the lands. In that
connection on 02.10.2012 at about 07.00 p.m. there was
a quarrel between them, whereby, in the scuffle that
ensued, one Ramesh and Kamanna were injured in the
incident. It is submitted that the said Ramesh is no more
and he had died due to a snake bite during the pendency
of the case. The other injured Shankreppa in Criminal
Appeal No.200052/2020 is before this Court. Similarly, the
accused in Criminal Appeal No.200040/2020 are also
before this Court and they submit to the Court that they
want to settle their dispute. Therefore, the appeal in
Criminal Appeal No.200040/2020 may be allowed and the
accused therein may be acquitted.
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06. A perusal of the application filed by them under
Section 320 read with Section 482 of Cr.P.C. and also the
submissions made by the injured as well as the accused
herein and noticing that they are the close relatives, this
Court is of the opinion that the inherent powers of this
Court under Section 482 of Cr.P.C. are to be exercised in
order to achieve peaceful and harmonious life between the
accused and the injured. They being the close relatives
had entered into a scuffle in the fit of land dispute.
Therefore, this Court accepts the submissions by both the
sides in both the appeals. Hence, application made before
this Court deserves to be allowed. Accordingly, the
following;
ORDER
I. The Criminal Appeal No.200040/2020 is
allowed, setting aside the impugned judgment
of conviction in S.C.No.14/2013 passed by Prl.
District and Sessions, Judge at Raichur. The
accused therein stands acquitted.
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II. The Criminal Appeal No.200052/2020 is
dismissed confirming the judgment of acquittal
in S.C.No.46/2017 passed by the learned Prl.
District and Sessions Judge, Raichur.
III. The amount deposited shall be refunded to the
respective appellants in both the cases.
The appeals are disposed of accordingly.
Sd/-
JUDGE
KJJ
CT:PK
