Karnataka High Court
Sri Rudrappa vs State Of Karnataka on 5 September, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.A No. 506 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 506 OF 2012
BETWEEN:
1. SRI RUDRAPPA
S/O LATE NAGAPPA
AGED ABOUT 65 YEARS
AGRICULTURIST
R/AT SIDDLIPURA VILLAGE
SHIVAMOGA TALUK
SHIVAMOGA DISTRICT.
...APPELLANT
(BY SRI.GIRISH N.R., ADVOCATE FOR
SRI. H K KENCHEGOWDA., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY CHANNAGIRI POLICE
DAVANAGERE DIST,
Digitally REPRESENTED BY ITS
signed by STATE PUBLIC PROSECUTOR,
LAKSHMI T OFFICE OF THE ADVOCATE
Location: GENERAL OF KARNATAKA
High Court HIGH COURT BUILDING
of Karnataka BANGALORE-560001.
...RESPONDENT
(BY SRI. K.RAHUL RAI., HCGP)
THIS CRL.A. IS FILED U/S. 374(2) CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND
SENTENCE PASSED BY THE LEARNED PRL. DIST., AND
SESSIONS JUDGE, DAVANAGERE IN S.C.NO.87/2008 DATED
24.03.2012- CONVICTING THE APPELLANT/ACCUSED FOR THE
OFFENCE P/U/S 324 OF IPC AND ETC.
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CRL.A No. 506 of 2012
THIS APPEAL IS COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
This appeal is preferred against the Judgment and Order
dated 24.03.2012 passed by the Principal District and Sessions
Judge, Davanagere in S.C.No.87/2008 thereby convicting the
appellant/accused No.1 for the offence punishable under
Section 324 of IPC.
2. The trial Court has sentenced accused No.1 to
undergo simple imprisonment for a period of two years and to
pay a fine of Rs.2,000/-, in default of payment of fine, to
undergo simple imprisonment for a period of three months.
3. Heard the learned counsel for appellant, the learned
High Court Government Pleader for respondent/State and
perused the material on record.
4. It is the case of prosecution that on account of a
civil dispute, on 12.03.2008 at 11.00 a.m., all the accused
forming an unlawful assembly with a common object of
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committing the murder of Halasiddappa/PW1, assaulted him
with stones and caused injuries to him and also posed life
threat to him.
5. Charge sheet was filed against accused Nos.1 to 5
for the offence punishable under Sections 143, 147, 148, 323,
307, 504, 506, 324 r/w 149 of IPC.
6. The trial Court framed charges against the accused
persons for the aforementioned offences for which they pleaded
not guilty and claimed to be tried.
7. Before the trial Court, prosecution examined
13 witnesses and got marked 6 documents and MOs.1 to 5.
8. Appreciating the oral and documentary evidence on
record, the trial Court came to the conclusion that the
prosecution has not established the guilt of accused Nos.2 to 5
and accordingly, acquitted them, however found accused No.1
guilty of the offence punishable under Section 324 of IPC and
acquitted him of other charged offences.
9. The incident took place on 12.03.2008 at about
11.00 a.m. Statement of the injured was recorded from the
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hospital by the PSI-PW11. After registering the case, he seized
the blood stained clothes of the injured under a mahazar-Ex.P2,
prepared the spot mahazar and seized a bag containing stones
and seized MOs.4 and 5 under Ex.P3. Investigation was taken
over by PW3, who after receiving the articles from the FSL and
the wound certificate-Ex.P5 pertaining to the injured, filed
charge sheet.
10. Complainant-injured is examined as PW1. His
evidence insofar as accused No.1 assaulting him with stone is
not shaken in the cross-examination. Though it is the specific
case of the prosecution that all the accused formed an unlawful
assembly and came to the spot with a common object of
committing the offence, the trial Court after appreciating the
entire evidence on record has come to the conclusion that the
evidence against other the accused persons are insufficient to
convict them.
11. In the complaint itself it is stated that, one
M.Thippeswamy, Thyagaraja, Shivanandappa, Chiradoni
Veerabhdrappa and others pacified the quarrel. The prosecution
has got examined the eye witnesses namely PWs.2, 4, 6 and 7.
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They have consistently spoken about accused No.1 assaulting
the injured PW1 with a stone. There is nothing elicited in their
cross-examination to disbelieve their evidence. They have not
spoken about the assault made by other accused persons.
Further, PW5-brother of PW1 has stated that immediately after
the incident he went to the hospital to see his injured brother
and at that time his brother told him that accused No.1 has
assaulted him with a stone.
12. Blood stained clothes and a towel (MOs.1 to 3) of
PW1 have been seized under a mahazar-Ex.P2, which confirms
that PW1 sustained bleeding injuries. Ex.P6 is the FSL report,
as per which, the clothes of the injured sent for examination
were stained with human blood of 'B' group.
13. PW1 was treated by the Doctor-PW12. He has
deposed that on 12.03.2008 at about 11.15 a.m., the injured
was brought to the hospital for treatment with a history of
assault and he noticed the injuries. He has issued wound
certificate, Ex.P5. As per the wound certificate, injured has
sustained the following injuries:
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1. An incised wound 7cm x 2cm extending from lower
end of nose to the upper lip.
2. Upper lip incised into 3 pieces.
3. Incised wound 5cm x 3cm over occipital area.
4. Blunt injury head.
PW12 has stated that such injuries could be caused, if
assaulted with stones. As per wound certificate, the injuries
are simple in nature.
14. Learned counsel for the appellants has contended
that on account of a civil dispute, the complainant has falsely
implicated the accused persons and all the witnesses are
interested witnesses and therefore, their evidence cannot be
believed. The said contention cannot be accepted because PW1
is an injured witness and his evidence is corroborated by the
medical evidence. He was immediately shifted to the hospital
wherein, he was treated by PW12 who issued the wound
certificate-Ex.P5. There is no reason to disbelieve the evidence
of PW1 and the medical evidence. PWs.4, 6 and 7 have
consistently stated that the injured was assaulted by accused
No.1 with stones. Hence, the reasons assigned by the trial
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Court for convicting accused No.1 for the offence under Section
324 of IPC is in accordance with law.
15. The incident is of the year 2008. Learned counsel
for the appellant submitted that the appellant is now aged
about 80 years. He submits that no untoward incident has
taken place subsequent to the incident in question. He has
therefore sought to take a lenient view in the matter.
16. Section 324 of IPC is punishable with imprisonment
which may extend to 3 years or with fine or both. Appellant
was in custody from 12.03.2008 to 13.05.2008 i.e., for a period
of two months. Considering that 16 years have lapsed and
considering the age of the appellant, the period of
imprisonment already undergone by the appellant can be held
sufficient. Hence, the following:
ORDER
i. Appeal is allowed-in- part.
ii. The Judgment and Order dated 24.03.2012 passed
by the Principal District and Sessions Judge, Davanagere in
S.C.No.87/2008 convicting the appellant/accused No.1 for the
offence punishable under Section 324 of IPC is hereby
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confirmed. The sentence imposed by the trial Court is modified
as under:
a. Sentence of imprisonment already undergone by
the appellant is held to be sufficient.
b. Fine amount and the default sentence for
non-payment of fine is unaltered.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
TL
