Karnataka High Court
Sri Harijanara Aiyappa vs The State Of Karnataka By Circle ... on 2 May, 2008
IN THE meg comm' OF' KARNATAKA AT BAN(3g§;§§-V§)'i.?E:.. V
DATED THIS 'ma 2N» DAY OF MAY K
BEFORE
THE HONBLE MR.ausTIc§';~R.".B A = a
AN:)%%.%%f, A k
THE HOWBLE'. MR. D;sT:¢§9;:.fi;$;§,; KAGARAa
CR1MI.NAL._AP§?EAL: Eéa;' 1845 o¢.;mz
ckznmgxg A.:_-1$}aA%LA:w;495kkoF 2007
cazmrmaz, ApPE';z:,13é5%QF 2007
B1::'1*w;::h;1\z;* ~ "
1.
sn. B.a1*i}aii%3rg§A.&§z'a}3pa"""
Aged?-'iabout 65 ytaars, _
% --5:3Q_/ér-B03111, 'ilmfie, "
' V _ 2 _Fat_taCi*1a E'a_vanda,
' L-.Seman:"1a_'s' 3.,ine_}.House,
Ghe}avara"."§I.'ifl3gc,
Chayyagaadaéne,
M ad'1§;ct'i.V Taluk.
Sri; " ana Ganapathy
' Aigcr..i~'ab9ut 26 ycars,
Skis Boflu, Coolie,
....<3/0 Pattachmavanda,
Som:a.nna's Line House,
Chelavara Village,
<-"~CM"_'"m"*"""
Cheyyanadane, 1
Madike:'iTa1uk. ARPEjp:.Ar\"rs.. K
(By Sri. M.'§'.Na11a.iah, Advocate)
AND:
The State of Karnataka'
By Circls inspector, '
Madikeri Rural Circle, _ 1 '--
Niadik6I'i-5712C!.}&..'---_ j ' RESPONDENT
{By s:-11:5. '
This _ is 3 filed under Section 374
Cr.P.C., agai11st tt16'jt1dgz1;ént-~dated 19.2.2007 passed by
the Sessionsqudge' Kédagtg. Madikeri in S.C. No.57/2002
czmvicting the V' .appc1lar1tf accused for the offence
_Vpunis'k1§abie.undé1'A Seciiiozrz 302 read with Section 34 of WC
v-sehtgncigtg actii1st:d No. 1 and accused No.2 to
Hund'c:rgo RA ;{'Qr.,lifc and to pay a fine of i<'.s.2,()O0/-- each
_ undcgo I~?.,¥s.. i3:3rsix months.
u~u(}f!§1f;1visb§ALv. P.;PPEAL 30.495 OF 2007
}£a.I'i;§ana £?'a11cy @ Swami
" "Aged about 2'? years,
" Cooiie, RA. Pattacharavamia,
fG'I_' "C}fft3I}Cv.'f', E;1_Ii(I('11' Sccfion 302 read with Section 34 of
ii~'(1_ 'indefatjlt. sf' payment of fine, they are ordered to
W/0 Somaiah @ Ch}-smarmi,
W
Somanna's Line House,
Chelavara Village,
Cheyyanadane, Madikeri '1'ah.Lk.
Kodagu District. . ABP3i_,j..A_;€j"'
(By Sri. M.M.Ashoka, Advocate}
,A_1.'iD_i
State offiiarnataka
Repreeented bycilfi of ' ~
Madikeri Rural Police Stjatiitn'-I'1';.: .4
Madikeri 'l'aiuL:,; V ' --
Kodagu Distxyitifl ' RESPONDENT
(By "
kAp'pe§1%.%%is% filed under Section 374 (2)
Cr.P.C.,_aga.i1i(st't11e'juc:iment dated 19.2.2007 passed by
_ the l)$§st:*iatt &" Seesioyns Judge Kodagu, Madikeri in
'Sv.C.N%9.'5"K/,2t3Q2 anti "" "convicting the appellant/accused
<.No.3.,for _ti1(f:-Off-'SIECC punishable under Section 302 read
witiiseetiogj o1fiIPC and smtencing her to urldergo 12.1.
for 1if'e.a.r1d~te. _pay a fine of l{s.2,000/ ~ each for the effenee
-- VV unde£_4'Sec:i£)I1'*.V.302 mad with Section 34 of IPC. Indefatdt
emf pay1:1e1'1ta of fine, she is ordered to undergo l<'..i. for six
.. menths. " . "
= Appeals coaxing 011 for orders this day, the
NAGARAJ. J, delivered the fo1loWi,ng:-
%~
JUDGMENT
Heard Sri.Nanaiah, me. ieamed Maggi Q appellant-accused No.1 and -:
cmmsei far the Igfispccfive applications seeking and their release on bail. _A--..l§o the learned High (301111 He has filed his objec1:iG!13§"'%:{§::' of the appeliants 1 and 3 {aha accused Nos.1 and 3 in Sessions on the file of the ieamed 4'..,.1A)istxfi;r.:§; afld Sexé',si€§I1_;§__,!udge, Kodagu, Madikeri. An the £405.} to 3 have been convicted fur the offeficapurgisnajbie under secficn 302 read with section 34 'of i1'(.}: .
" .. I (hi perusai cf evidence: ef pmsecutian Witness, it fidifid seen that E'.W.Nos.3 to 5 respectively d.K..L.okesh, C'-~C""""' K.A.'i'hammaiah and danardhan, eye Witnesses tQ___ the incident have consistently stated in their evidence: E211 the three accused bet the deceased with inflicted the fatal injuries on his pefson resulted in his death' 'of ttheuxincident. Referring to this for both the appellant§pefitiene1f;:No%3."'t: suenaitted that even if the incident proved by the proseeu'gden_V deubt as stated. by these witnesses; theteconvieijen"'--e_6nld have been for the offence punishabie 304 i'art 11 of WC but not for the Section 302 of £90 for which they have been c€$n_V':;e_ted" as, absoiuteiy there was no motive, _s'tronig- ezieugh for these appellant-accused to commit: H H K ef the decaased and they never intended to cause deem by assaulting the deceased with clubs. As T this, the learned HCGP submitted that whether the cexwietion could be for the offence punishable under C----~..._._('"\.o-""'\,r"
Secticn 3022 or 1:304 Part 1 or 11 of 1190 is a mattcgr» Cofisidemd at the hearing of the AV this stage it caxmot be held,V.=o.;1 appeflant-accused deserve the Vnfilt of
3. Referring {:0 th&,*._e:vidcIiceV%_:'§1f 14',"the §iD, the learned counsel for the gpbmitted that though the acqusa§i _~ in the said incident as 15 «. doctor who exaxninefi """ no expianation whatsoefiér gas the prosecuticn as to the injury by them} is not in dispute that all the 'VL1 to 3 were on bail during trial of fl3.¢'V'Qais€_:md was no allegation of misuse of their ' 1ibe'1'W: by these appellant-accused during the trial " fine Furt.her, thfi avcrments of these appcllanb that they have been permanently residing at address shown by them in their petitions are not (..,__/\._,/\_..,« disputed. Besides this, the accused No.1 is aged .65 years and aeeused Ne.3 who is daughter of is aged about 27 years.
4. Having 'gthove v faV.ets and circumstances of the that the ends of justice Nos. 1 and disposal of this appeal and execution of the sentence " .
5._ In the " resuig both the applicatiens filed by and 3 are hereby allowed. 'Tile execution of judment and order of by the learned Distfict and Sessions Jz,;;dge, Keeegu, Madikeri in Sessions Case No.57/2002 on shall be and same is hereby suspended pending V' of the present appeal.
('-..$"""'<-'"\.....'\__,..' enlarged on bail on each cf than Rs.25,{}U0/--- along with two f;)I"' to 'V the satisfaction of the. Viéodagu, Madikeri. Aftexf accep#:'£_::'g_VV the learned Sessions Judggi directing the ralease of ifigktis. 1 and 3.
Sd/-3 Iudgfi .....
Judge