Karnataka High Court
Dayananda S/O Gangappa vs State Of Karnataka Reptd. By Arsikere ... on 8 December, 2011
Nt THE HIGH COURT OF KARNATAKA aT BANGALORE . : wes
"DATED THIS THE gm DAY OF DECEMBER 2011 Mo a
'BEFORE:
THE HON'BLE MR. JUSTICE A. S. PACHBAPURE pee
CRIMINAL REVISION PETITION NO. 339 OF 2009 a
BETWEEN:
DAYANANDA,
S/O. GANGAPPA,
_AGED ABOUT 24 YEARS,
STUDENT,
STUDYING IN IL YEAR B.A.,
R/AT GOLLARAHALLE- VILLAGE,
KASABA HOBLL ARSIKERE TALUK, ao
HASSAN DISTRICT. ee _. PETITIONER/S
[BY SRI. G. RAVIS! HANEAR, "ADV. FOR.
M/S. A.V.G. ASSOCIATES: ADVS.]
AND:
STATE. OF KARNATAKS A,
\ REPTD. BY ARSIKERE TOWN POLICE,
"ARSIKE RE, HASSAN DISTRICT,
REPTD. BY STATE. PUBLIC PROSECUTOR,
HIGH COURT BUILDING.
_ BANGALORE- 560 001. .. RESPONDENT/S
._ {BY SRL RAJA SUBRAMANYA BHAT, HCGP.]
BER
mo 5 THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 CR.P.C PRAYING TO SET ASIDE THE ORDER
. DATED:3.3.2009 PASSED BY THE COURT OF THE PRL. DISTRICT
CaP 999/09
c. AND SESSIONS JUDGE AT. HASSAN IN CRL. APPEAL NO. 87 19 2007
| AND THE. ORDER DATED: 13.7. 2007 PASSED BY THE COURT-OF
"THE PRINCIPAL: JM.F.C. AT ARSIKERE IN C.C.NO.84/ 2007 AND
a ACQUITT T HE PETITIONER OF THE CHARGES:
THIS CRIMINAL REVISION PETITION COMING. ON FOR om
FINAL HEARING, ON THIS DAY, THE~ COURT MADE THE.
FOLLOWING: _
ORDER
The petitioner has s challenged the concurrent findings of his conviction and sentence for the olfences punishable under _ : 'Sections 324 and 506 PC.
2. The fats reveal that, On. | 19 12- -2006 at about 8.00 P.M. when PWs.1 to 3 were in | front of the KSRTC Bus Stand _ talking lo each other the petitioner who is the accused before the Triai Court picked up 8 (quarrel and caused assault by means of a. blade on the left cheek of PW.1, who sustained "simple satuty and he was ; threatened danger to the life. PW.1 went te the "Hospital for treatment and then filed complaint Ex.P. be During the investigation, the spot mahazar Ex.P.2 was
-- held and MOs.1 and 2 (the blade and the T shirt) were seized.
"The statements of the witnesses were recorded. The injury tee 3 ree CHRP 339/09 certificate Ex.P.4 was collected. A Chargesheet came to be filed against the petitioner for the aforesaid offences.
During the trial, the prosecution examined fe i | 'i 8 | The staternent of the petitioner was recor nrded under Section 313 CrP. C. He has not led any defense evidence. 'The 'Trial Court after hearing the parties and on appr eciation of the material on 'record, convicted the petitioner for. the offences under Sections 324 and 506 IPC and ordered imprisonment and fine. Aggrieved by the conviction and. the sentence, the 'petitioner approached the Sessions. Court cis Crt. A. No. 87 f 2007 which came to be dismissed on merits. Aggriev' ed by the concurrent findings, the present petition has been fied.
3. Ihave heard the learned counsel for the petitioner and the High Court Government Pleader.
4, Though the incident took place in the night at 6.00 my p Mh. it is rélevant to note that the said incident has taken place in froré of the Bus Stand. PW.1 is the injured, who is said to : liave been sustained injury due to an assault by the petitioner A CrLRP 339/09 with blade and PWs.2 and 3 were his friends and at the time of the incident, they were with PW.1. The injury certificate ; has been Produced at Ex.P.4 and to prove the said docu ment, the . = in her evidence that the injury suffered by PW. could be ; caused by use of a blade MO.1.. Though. the learned cour'sel contended that the blade could cause _only ant incised wound, the Doctor PW.5 has stated 'hat it, could cause the injuries suffered by PW.1. It is relevant to note that it devends upon the way in which the 'blade is used in causing the injury. PW.1 is the injured witness, Saint sequined with the petitioner (the accused) ond "Theletore there, is no question of disputing the identity as the said incident took place in front of the bus stand. PWs.2 and 3 consistenily state about the assault caused by the 7 petitioner and as could bé seen from the cross examination of pws. to 3. nothing ts elicited to disbelieve the version of these _ witnesses.
_ 5. itis well established principle of law that an injured generally does not implicate an innocent and does not leave the . person who has really caused the harm. In this context, if the 5 CrL. RP 339/09 evidence of these witnesses and the documents are perused, the prosecution has proved the guilt under Section 324 IPC. beyorid reasonable doubt. The petitioner has not made out: any such,"
Trial Court. Even otherwise, this is a revision petition and. the - scope is limited. This Court cannot reappreciate. the evideace except for any glaring error or -inherent defect .in the proceedings.
6. So far as the offence under 'Section 506 IPC is concerned, as. could Ube seen from | the allegations in the complaint, there is no'such maternal to establish that a threat of danger to the life was given by the petitioner either to PW.1 or any other witnesses. In the absence of any such material, the petitioner is entitied to an acquittal for the offence under 'Section 596 IPC.» "7. So far as the sentence for the offence under Section "624 IPC is concerned, the learned counsel for the petitioner . _ pleaded that the benefit of probation may be extended. But ~ looking to the nature of assault, without any severe motive, I do oe - not think that it is proper to extend the benelit of probation.
A i 6 CrL RP 339/09 The petitioner is a student and was aged about 23 years at the time of the incident, In case, if he is confined to custody, stich a sale would mar his career. But at the spe ti | ari : -
proceed to pass the following:
ORDER The petition is allowed in part, affirming the conv viction of the petitioner (the accused) fer the offence under § section 324 IPC. His conviction for the offence onder Section 506 IPC is set aside. He is acquitted « of the sald charge, The é sentence ordered for the offence under Section 324 IPC is. modified. The petitioner (the accused), is . ordered to undergo imprisonment till the raising of the Court ash he is 0 rdered to pay a compensation of Rs.25,000/-, in ; detault, to , undergo simple imprisonment for 7 three months. ~ On deposit of the compensation amount, the samé shall be paid to PW.1, the injured. The Trial Court is directed to sectite the presence of the accused to undergo the "sentence ordered.