Karnataka High Court
Ramachandra vs The State Of Karnataka on 28 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:8295
CRL.RP No. 714 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL REVISION PETITION NO. 714 OF 2016
BETWEEN:
1. RAMACHANDRA
S/O LATE MUNISWAMAPPA
AGED ABOUT 56 YEARS
2. PAPANNA
S/O LATE MUNISWAMAPPA
AGED ABOUT 53 YEARS
R/A KACHARAKANAHALLI VILLAGE
3. MURTHY
S/O RAMACHANDRA
AGED ABOUT 24 YEARS
4. MANJUNATH
S/O RAMACHANDRA
AGED ABOUT 27 YEARS
ALL ARE RESIDING AT
KACHARAKANAHALLI VILLAGE
JADIGENAHALI HOBLI
HOSAKOTE TALUK
Digitally signed by B BANGALORE RURAL DISTRICT
K
MAHENDRAKUMAR BANGALORE-560 067
Location: HIGH ...PETITIONERS
COURT OF
KARNATAKA (BY SRI. SHRIHARI K FOR LEX JUSTICIA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY THIRUMALASHETTY HALLI POLICE
HOSAKOTE, REPRESENTED BY
THE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-560 001
...RESPONDENT
(BY SRI. JAYARAM SIDDI, ADVOCATE)
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CRL.RP No. 714 of 2016
CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE
JUDGMENT AND ORDER DATED 04.04.2016, PASSED BY THE PRL.
SESSION JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN
CRL.A.NO.55/2013, AND CONSEQUENTLY SET ASIDE THE JUDGMENT
AND ORDER DATED 09.10.2013 ON THE FILE OF THE ADDL. CIVIL JUDGE
AND J.M.F.C., HOSAKOTE IN C.C.NO.601/2008 AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Petitioners-accused are convicted for the offences
punishable under Sections 506, 323, 324, r/w with section 34 IPC,
and the accused No.2 was sentenced to pay fine of Rs.1,000/- and
undergo imprisonment for a period of one year for the offence
punishable under Section 324 IPC, and the petitioner-accused
No.1 was sentenced to undergo simple imprisonment for a period
of 2 years and to pay a fine of Rs.2,000/- for the offence punishable
under Section 324 IPC.
2. The case of the prosecution is that, accused Nos.1 and
2 are the brothers, and accused Nos.3 and 4 are the sons of
accused No.1, and one month prior to the incident, theft had taken
place in the house of the complainant, and the members of his
family were contemplating to give a complaint to the Police. On
15.10.2008, at around 8.30 a.m., when the complainant and
C.Ws.2 to 5 were standing near the house discussing the matter, at
that time, the accused came there and abused them in a filthy
language and assaulted C.W.2 with a club on his right shoulder,
and when his brother intervened, the accused No.2 assaulted him
with club on his left shoulder and threatened to kill the family
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members of the complainant. C.W.6 and C.W.7 intervened and
took the injured to the Government Hospital, Hosakote.
3. The Prosecution to prove its case, examined P.W.1 to
P.W.10 and exhibited the documents at Exs.P.1 to P.8 and marked
material object at MO.1 and M.O.2.
4. The Trial Court after appreciating the evidence on
record convicted the petitioners-accused for the offences
punishable under Sections 504, 506, 323, 324, and 326 r/w section
34 of IPC. The appellate Court set aside the judgment of
conviction insofar it relates to convicting the petitioners-accused for
the offence 504 IPC, and conviction and sentence in respect other
offences was confirmed.
5. Heard the learned counsel for the petitioners-accused
and learned High Court Government Pleader for the respondent-
State.
6. CW 1 to 3 were examined as P.W.1 to 3, who had
sustained injuries due to the assault made by the accused. The
doctor who treated the injured witness P.W.1, in his cross
examination has categorically stated that he is the author of the
wound certificates produced at Exs.P5 and P6, and to substantiate
that C.W.1 had sustained grievous injuries due the assault made
by the accused Nos.1 and 2, and he has stated that X-ray was
taken, however, the same was not produced along with the charge
sheet and also before the Trial Court to substantiate that due to the
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assault made by the Petitioners- accused, C.W.1 had sustained
fracture on his right shoulder. Therefore, in the absence of any
evidence to establish that the P.W.1 complainant sustained
grievous injures due to the assault made by the petitioners-
accused, the judgment of conviction of the petitioners-accused
No.1 for the offence punishable under Section 326 IPC is without
any substance. Insofar it relates to the other offences, the
prosecution has proved beyond all reasonable doubt that due to
the assault made by the petitioners-accused, the injured witnesses
have sustained simple injuries so as to constitute the offence
punishable under Section 323 IPC.
7. Learned counsel for the petitioners submits that the
fine amount imposed by the Trial Court has been deposited by the
petitioners.
8. Accordingly, I pass the following :
ORDER
i) The Criminal Revision Petition is allowed in part.
ii) The impugned judgment and order dated 9.10.2013
passed by the Additional Civil Judge and JMFC, Hosakote in
C.C.No.601/2008 insofar it relates to convicting and sentencing the
petitioners-accused No.1 and 2 for the offences punishable under
Sections 324 and 326 IPC is hereby set aside and the petitioners-
accused Nos.1 and 2 are acquitted of the aforesaid offences.
iii) Conviction and sentence in respect of the other
offence i.e. 506 of IPC is confirmed. However, it is stated that the
petitioners-accused No.1 to 4 have already deposited the fine
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amount in respect of the offence under Section 506 r/w section 34
IPC and there is no question of undergoing simple imprisonment
for a period of 3 months in the event of default in payment of the
fine amount. It is submitted that accused No.3 was sentenced to
pay a fine of Rs.1,000/- in respect of offence punishable under
Section 323 of IPC, and the said amount has been deposited by
the accused No.3.
Sd/-
JUDGE
HR
