Karnataka High Court
State By Holenarasipura Rural Police vs P Thammaiah on 25 July, 2008
Author: K.Sreedhar Rao
Bench: K.Sreedhar Rao
IN THE HIGH COURT OF KARNATAKA, DATED THIS THE 25m DAY 01? . PRESEM ; THE I-ION'BLE MR. JUS'_I'ICE*.K;» mm HONBLE 12.3. CRIMINAL' 62% $0? 2002 BETWEEN state By . : Appellant (By sri. «<3. S.P.P.,) S/o. SI'ii.'j_ Agedfabout 46 years, Volambige Village, 1 _ Hobli, " _ < ficlenarasipum Taluk. S/0. Sri. Jav%da,. . gt} Aged about 34 years, - ' Volambige V°1lkaJgc, .. Kasaba Ho-bli-, fiolenarasipnra §'~QL\,«C&5:3N---« .
. Krishna-fida, S/o. Sri. Javazegowda, Aged about 31 years, ' Volaxnbigc Village, Kasaba Hobli, _ Hoicnarasipura Taluk. --, = Krishnegowda, S/ojlangcgowda,' «_ Aged about 44 years, Volambige Village, _ ' Kasabaflcbli.
Holcx1az'asipz.g:°a_Ta;Iu1¢;_ V . 5, ' Aged a_bout:£4~1_ % Kasaba Hobli; A' V Hplcnarasipmfa. 'I'e2._1uk'. ' . 0,' Sri, Tlxirnmcgowda, A ymrs.
- "!clambige,V'1fl8sc.
X Kasaba Hobli, Holctgarasipma s/o. Sri. Yalakmgowaa, Agw about46 years, _ Volambigc Village, Kasaha Hobli, Holenarasipura Taluk.
,CL,_ £Lu\LuV'w~
8. Kumara, - -
S/o. Sri. Yalakkigowda, . Agedabout 31 years, -
Volambigc Village, Kasaba Hobli, ' Holenarasipura Taluk. .
S/o. Sri. Vcnkatcgeyvda, --. Aged about: 46yc'ar_s;-- _ __ "
Volambige Vllm, ' L ° "
Kasaba Hobli, _ I-iolcI1ara:s'i;1v!.1}'t1!§,.'I'I1f;lj3l§. -
10. Jayaiakg ~~ > 4. ' _ D/o. SrL~..Java;fcmwWdé,' ~ Ageti'£1I301i%'; V Kaséba A 1 1._i = 1 A_Ag~'-=4 about: 56 years, ' Taluk.
0. Sri. Tlximmegowda, * about 66 years, Volambiy Villm, Kasaba I-Iobli, Holcnarasipma Taluk.
gmmgw
13. Chandra, S/o. Sri. Dm da Agedabout; 31 years, Volambige Village, Kasabafiobli, --._ _ Holcnarmipura Taluk. ._ :Rcs;:q<w;;dcI1jts'l L. (By Sri.K.V.N'ams1mhan' , ,Adv¢¢a:¢ my R~1toR-118sR~--13).--~_. ms Appeal.is mad U/S 3*"/8(1) & (3) Cr.P.C by the State, Public '£113 Sate . praying to grant lwvefl €50 f:}e_. a13.a'ppeal the judgment and order of dajtcd-2732,2001 passed by the Principal scsszagans Judge, 'm SC.No.90/1996 aoquitfi1"1"g*-,.t'hc 'i%espOzldents4accusod fa" the ofiences Punishable Ul,*s,,«,,;'«e3,ll12+?,, 143, 324, 325, 307 r/W. 149 _ _'I'hlé" on for hearing, this day, ll.B. VJ, dcliifezfcgi following:
JUDGE! Tile state has challenged the Judgment of acquittal _ ., . 12.2001 passed by the Principal Sessions Judge, in s.o. No.90/1996 aoquitting the accused-
" hlfcspondcnts herein for the ofibnccs punishable U/S. 143, 147, 143, 324, 326, 307 r/W. 149 IPC. % xmqwiw
2. It is the case of the 25.09.1995 at about 6.00 pan all the 113. formed thernscivcs into an "
deadly weapons like choppegjs, assaulted Pws. 1 to 5 and The motive for the said iricifiicnt jwith remrd to use of pathway situated "the complainant and the la;;d§*--.:gf ]._'_(/if ffiétated above. on tin date cf fiicidéxrg, éssaulted Pws. 1 to 5 and punishable U/S. 143, 147, 143, 341, 324, 307 W149 190. mThe" flcution, in support of its case has to P.W.13 got marked }3xs.P.1 to R54 and On behalf of the accusw, one !vl'a]la1ah' as mv.1 and got marked 53:43.1 to
4. P.W.1 vxr. Channakeshava eyewitness to the imident. He in 1333 T' deposed that on the date of PWs.2, 3, 4 & 5 had beenV,e'tp .Ifieuse and when they were baek, Samnakki Narayana and Nos.
1 to. 13 armed_with choppers, iron rods, clubg " there, wrongfufiy restraineti 'fl; of time, A-1 assaulted PW.2 A-3 -assaulted NR2 with chopper en v17A-4 assaultw P'W.2 with club on and assaulted P'W.3 with chopper on A-5 wsaulted pw.3 with chopper anew A~6 aesauxted mm with club on his body, aseéulwd PW.3 with iron rod on his back and with on his leg, A-8 assaulted was with club on the e A-10 assaulted 1:-w.5 with club on the left hand, forearm and on the chest, A-9 assaulted PW.4 with stone on the head, A-11 assaulted PWA with club on left arm. fzufiia/xLu'§*~--~ When the complainant (W1. 2) tried to rescue, ..jAé:'i§"!;eld him, A-13 assaulted him with club on his % knee. PW.1 was treated for T11?' 'u ¢ T and the injury certificate "
as at Ex.P.4~8, the same __ simple injuries.
5. igf n5o he other than the fathervfif' is eyewimess. He in his " "that on the date of incident, neagj "Circle, afi the accused came in a .. 4. A31 him on his head with chopper, mm on his head with a chopper, A-4 assauzteci on his head, shoulder and right hand club. M as A-5 assauned subbeeowda with chopper on his head. K A-6 asmnlted ~-Sfubbegowda (PW.3) with club on his left 1%. He has further deposed that Jay/alakshmamma and Lakshmamma (Pws. 4 as 5) were also assaulted by A-6, at X.£A.A,'kLLi.\r'---~--v that point of time, P'Ws.'7, 8 & 9 intervened to separate the quarrelling parties. The respect of this injured eyeWitnes_s...(P$3l _ the same reveals that the "
grievous in nature.
injured eyewitness, heis or He in his evidence has deposed (5:21 incident at about 6.30, near the accuse came armed ewies & A-5 asmuited mm with chopper and right forehead. A-6 assaputee §vim's_¢m;b on his chest and back, A-7
- rod on his back and he dropped a 'fsteine on his left toe. The wound certificate in rwpect of the injured Subbegewd. a '*..is at and the same reveals that he sustained injuries. PWA Jayalakshmma is snether ' eyewitness. She in her evidence has deposed on the date of incident at 7.30 p.n1. near Sannaki Narayana Circle, A-sl came and assaulted PW.2 with chopper on his XQLvu,,\_,:\&._M head, A-3 assaulted her husband with chopp§1f_;':
stones towands her which hit on the head. She has further A' person assaulted her with pc:1_ubs 0.n hier left knee 4-5 times and ms. £111 to 3 'axq1'd"PVd'a.fl5 '§:v"ere also sustained bleeding issued by the doctor is marked as Ex.P.46, by her are gr'ievqu's"in" is another injured . She in her evidenoc has dcposcd ' _§.sAf_1>'1t-:~.--"éister of PWS. 2 8; 3; that on the ~~~~ the accused came mar Sannaki armed with clubs and choppers. A-8 with club on the right side of her head, A- 10 asssguzted her with club on her elbow, left writ and left The Wound certificate issued by the doses: in h of this witness (F'W.5) is marked as Ex.P.-47, which reveals that the injuries sustained by ha are grievous in nature. Thus, all the five in_iured-eyewitt1% have '\ /Qgfgbx,-xc,+.2JL"""' I0 categorically deposed attributing the specific 0!.'61"$:.f£t£.fl".§ to each one of the accused.
6. PW.6 Ramaclmndmjs 'V seizure of Mos. 9 to 10 under. Ex.15;t3,oe WQS, as PW. 10 have an been exam:Tin.V',Ved._.as ewe to the incident, but none of the case of the prosecution and as such; treated hostile.
PW. 11 _ti1e injured persons (PWS. __wo'ond certificate as at I-.'.x.P.4O to R43. doctor who identmed' the of doetor who issued Wound certificate. is ASL, who registered a case awnst the s The respondents-accused examm' ed one
--' the Police Head Constable as DW. 1 who has hmcmleposed that on 25.09.1995 at about 11.15 pm, he received information from Dr. L. Shivama.d@pa, the I2 accused. Merely because there was a the injmed PW-s. 1 to 5 are related to evidence cannot be reveal that on the date of quarrel between the in the said quarrel, provoked the accused without any pxemeditatiogl; fit 'conga spur of moment, V'IV':'V\'s I to 5 as a result of as stated above. The material would reveal that the accused- guJlty' of hav1ng- ' committed ofienee 148, 334, 335 r/W. 149 IPC. The Court to consider all these aspects while the evidence on record. Thus, the court was not justified in eequitting the accused- haerein. On re-appreciation of the materiafl on 'V record, we are of the considered View that the Judment fl. EU/t£{_.3:-i'{"""'" 13
of acquittal passed by the court below be interfered with.
8. As regards the sentence, the petitioner submits that I_ agriculturists and they _1;he e1de.r:yf their respective families é;g1ic1fltu1'a1 operations and if bars, their agricultural ope1*atioI;s.--9}i11. '1&).. a§Sft:indstiB and that' propeiizy seeks a lenient view should sentence.
9. It that the incident has occurred ha en flimsy ground of using of pathway, and flown since then and by this time, the _ . ' have forgotten the enmity. Having regmti to ~~._h£l Is'd$hip plwded by the learned counsel for the ' 'h:3Lee1;1eed«respondents and looking to the totafity of the 'facts and circumstances of the case, we are of the considered View that interest of justice would be met if /Qt.£\A/\£L»;L"-'--"
14
accused-respondents are sentenced to pay for the proved charges. Hence, we pass the § : : {T ORDER _ _ .
The Criminal appeal is a11msr¢,:d of acquittal passed by %ti'i4é:
accused-respondents . _thsc_ _.fJuI31'shab1e U/S. 143, 147, 143, :-324, if/w. 149 me is set aside. In modi'xi§:atio:;bfu};;e Juéggment :ifaoquata1' passed by the: é;£:c'a$ed~respondents are held guilty ¢f fhe offences punishable U/S. 148, 334 .335 r.,I_v';:?. 149%% :90. They are sen:-mead to pay in default of paymaxt of fine, to six months for an ofience punishabie U /S. ';I'o pay fine of Rs.500/- men, in default of of fine, to undergo SI for one month for an punishable 11/3. 334 IPC. To pay fine of _,,_I§§s.2000/- each, in default of payment of fine, to undergo V' SI for a period of three months for an ofience puniéaable U/S.335 IPC. Out ofthe fine amount, ifrecovered, a sum 9:
15
of Rs.40,000/- (Rupees forty thousand paid PWS. 2 & 5 namely, (1)~~ S"-[cut ' Rangegowda (2) Smt. 7th_e mfmed Persons who ' towards compensation. as 'U;s. 357 (3) of Cr.P.C., and the go to the State exchequcr. deposited within two V % I [ wfi i'\