Karnataka High Court
Sri. Tukaram S/O Balesh Majjagi vs The State Of Karnataka on 25 July, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-D:10508-DB
CRL.A No. 100397 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR JUSTICE T. G. SHIVASHANKARE GOWDA
CRIMINAL APPEAL NO. 100397 OF 2024 (372)
BETWEEN:
SRI. TUKARAM S/O. BALESH MAJJAGI
AGE. 65 YEARS,
OCC. SUPERINTENDING ENGINEER IN
HESCOM BELAGAVI (RETIRED)
R/O: CTS NO. 4867/10 1ST A, 2ND CROSS,
SAMPIGE ROAD, SADASHIV NAGAR,
BELAGAVI, TQ AND DIST. BELAGAVI,
BELAGAVI CITY-590019
...APPELLANT
Digitally signed
by VINAYAKA B V
(BY SRI. GANAPATI M. BHAT, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2024.07.29 AND:
14:44:45 +0530
1. THE STATE OF KARNATAKA
BY ITS PSI,
MALMARUTI POLICE STATION, BELAGAVI
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT, DHARWAD BENCH BUILDING
DHARWAD-580011.
2. B.V. SINDHU,
AGE. 40 YERS,
OCC. ASST. ENG (ELE), HESCOM, BELAGAVI,
-2-
NC: 2024:KHC-D:10508-DB
CRL.A No. 100397 of 2024
NOW WORKING AT. CHAMUNDESHWARI ELECTRICITY
SUPPLY
CORPORATION LTD, CORPORATE OFFICE, CESC,
HINDAKAL ROAD, MYSORE,
R/O: EDWS 227, KUVEMPU NAGAR,
TQ AND DIST: MYSORE-570023.
3. NETAJI S/O. PEERAJI PATIL
AGE. 60 YEARS, OCC. LINEMAN,
CSD-3, HESCOM BELAGAVI (NOW RETIRED)
R/O. H.NO. 882 KAGRALI B.K.
TQ AND DIST. BELAGAVI
NOW R/O. PLOT NO 12, R.S.NO. 38/A
VAIBHAV NAGAR, BELAGAVI-590010.
4. AJIT S/O. MAYAPPA PUJARI
AGE. 65 YEARS, OCC. RETIRED A.E.E.
R/O. H.NO. 88, RAMATEERTH NAGAR, BELAGAVI
TQ AND DIST. BELAGAVI-590010.
5. MALLASARJ S/O. SHIVARAI SHAHAPURKAR
AGE. 38 YEARS, OCC. LINEMAN CSD-3, HESCOM,
NOW AT YAMUNAPUR SECTION,
RSD-II, HESCOM, BELAGAVI
R/O. LAXMI NAGAR, 1ST CROSS, KAKATI,
TAL AND DIST. BELAGAVI-591113.
6. SUBHASH S/O. MALLAPPA HULLOLLI
AGE. 46 YEARS, OCC. JUNIOR ENGINEER,
NOW AT RSD-2, HONAGA SECTION,
HESCOM BELAGAVI,
R/O. FLAT NO. 417, CTS NO. 647,
H.D. KUMARASWAMY LAYOUT,
BAUXITE ROAD, TAL AND DIST BELAGAVI-591108.
7. IRAPPA S/O. MAHADEV PATTAR
AGE. 46 YEARS, OCC. LINEMAN,
RSD-1, HESCOM, GHATAPRABHA,
R/O. H.NO-982, KUMBAR ONI,
NEAR BELLAD BAGEWADI BANK,
-3-
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CRL.A No. 100397 of 2024
GHATAPRABHA, DHUPADAL,
TQ. GOKAK, BELAGAVI,
NOW WORKING AT. BAILHONGAL
R/O. KANTI GALLI, GOMBIGUDI, BAZAR ROAD,
BAILHONGAL, TQ. BAILHONGAL
DIST. BELAGAVI-591102.
8. MALLIKARJUN S/O. SANGAPPA RADIYAL
AGE. 50 YERS, OCC. OVERSEERL
CSD-3, HESCOM BELAGAVI,
R/O. CCB NO. 24 KPTCL QUARTERS ,
NEHRU NAGAR BELAGAVI
NOW WORKING AS JR. ENGINEER
RURAL SUB DIVISION, HESCOM VIJAYPUR
TQ. AND DIST. VIJAYAPUR-586109.
9. BHIMAPPA S/O. LENKAPPA GODALKUNDARAGI
AGE. 61 YEARS, OCC. SR. ASSISTANT (RETIRED)
HESCOM BELAGAVI
R/O. 1903, NEAR UDAY SCHOOL,
RAMATEERTH NAGAR,
TAL AND DIST. BELAGAVI-590010.
10. RAJENDRA S/O. BHUPAL HALINGALI
AGE. 36 YEARS, OCC. STATION ATTENDER GR-2,
220 KV STATION, INDAL
R/O C-1, KPTCL QUARTERS, NEHRU NAGAR,
TAL AND DIST. BELAGAVI-590010.
11. SURESH S/O. KALLAPPA KAMBALE
AGE. 58 YEARS, OCC. ACCOUNTS OFFICER
HESCOM BELAGAVI,
R/O. APMC ROAD,
MARKANDEY NAGAR, BELAGAVI,
TAL AND DIST. BELAGAVI-590010.
12. IRAYYA S/O. GURAYYA HIREMATH
AGE. 51 YEARS, OCC. LINE MAN
CSD-1 NEAR RAILWAY STATION,
HESCOM, BELAGAVI,
-4-
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CRL.A No. 100397 of 2024
R/O. RAMKAMAL BUILDING,
MAIN ROAD, ANANDANAGAR, VADAGAON,
TAL AND DIST. BELAGAVI-590005.
13. MARUTI S/O. BHARAM PATIL
AGE. 63 YRS, OCC. LINEMAN (RETD)
TL AND SS SUB -DIVISION
KPTCL BELAGAVI,
R/O. NEAR HARSHA HOTEL,
RAMATEERTH NAGAR,
TAL AND DIST. BELAGAVI-590010.
14. DRAKSHAYANI W/O. MAHADEV NESARAGI
AGE. 65 YEARS, OCC. ASSISTANT (RETD)
R/O. JAKKERI HONDA,
BEHIND MARATHA MANDAL, MARRIAGE HALL,
TAL AND DIST. BELAGAVI-590010.
...RESPONDENTS
(BY SRI. M.B. GUNDAWADE, ADDL. SPP. FOR R1 (STATE)
THIS CRIMINAL APPEAL IS FILED U/S. 372 OF CR.P.C.,
PRAYING TO CALL FOR RECORDS AND ENHANCE THE SENTENCE AS
MAXIMUM WHICH STATUTE PRESCRIBED IN RESPECT OF
RESPONDENT NOS.2 TO 14 HEREIN BY MODIFYING THE JUDGMENT
AND ORDER OF CONVICTION DATED 25.06.2024 IN SESSIONS CASE
NO.262/2019 PASSED BY THE COURT OF PRL. DISTRICT AND
SESSIONS JUDGE, BELAGAVI FOR AN OFFENCE PUNISHABLE U/S.
120-B, 195, 211, 420, 467, 468 AND 471 R/W. SECTION 149 OF IPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
MOHAMMAD NAWAZ, J., DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is preferred by the defacto
complainant under Section 372 of Cr.P.C., with a prayer to
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enhance the sentence imposed against the respondents by
the trial Court.
2. Learned counsel Sri.Ganapati M. Bhat, would
submit that, the minimum sentence prescribed for the
offence under Section 195 of IPC is 07 years which may be
extended to life imprisonment, but the trial Court has
erroneously imposed a sentence of 03 years 06 months for
the said offence.
3. Learned HCGP on the other hand, has
contended that, Section 372 of Cr.P.C. does not provide
any right to the victim to file an appeal seeking
enhancement of the sentence and therefore, the appeal is
not maintainable.
4. Section 372 of Cr.P.C., reads as under:
"372. No appeal to lie unless otherwise provided:
No appeal shall lie from any judgment or order of a
criminal court except as provided for by this Code or by
any other law for the time being in force:
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PROVIDED that the victim shall have a right to prefer an
appeal against any order passed by the Court acquitting
the accused or convicting for a lesser offence or imposing
inadequate compensation, and such appeal shall lie to the
Court to which an appeal ordinarily lies against the order
of conviction of such Court."
5. On a plain reading of the proviso to the above
section, it makes clear that, the victim has a right to
prefer an appeal against any order passed by the Court
acquitting the accused or convicting for a lesser offence or
imposing inadequate compensation. The prayer in the
present appeal is to enhance the sentence imposed by the
trial Court for the offences for which the accused are
convicted. Hence, the above provision does not provide
the victim to file such an appeal.
6. Learned counsel for the appellant submitted
that, even the accused have preferred appeals before this
Court challenging their conviction and sentence passed by
the trial Court which are pending before the learned Single
Judge. He submits that, he will file a Criminal Revision
Petition before this Court, questioning the correctness and
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the legality of the sentence passed by the trial Court and
therefore, he seeks withdrawal of the appeal with a liberty
to file Criminal Revision Petition before this Court.
7. In the light of the above submission, the
present appeal is dismissed as withdrawn, reserving
liberty to the victim/appellant to file a Criminal Revision
Petition before this Court.
8. Registry shall return the certified copy of the
Judgment annexed along with the first set of the appeal
memorandum, since the photocopy of the same is
available in the second set.
Sd/-
JUDGE
Sd/-
JUDGE
SVH
