State Of Karnataka By Rajagopalanagar ... vs Dhananjaya S/O Arasappa on 18 March, 2010

[Cites 4, Cited by 0]

Karnataka High Court

State Of Karnataka By Rajagopalanagar ... vs Dhananjaya S/O Arasappa on 18 March, 2010

Bench: V.G.Sabhahit, S.N.Satyanarayana

IN 'I'1~~I E1 HIGH COURT 0%' KARNATAKA AT ESANGALORE
{)A'1'I~3D '1'H1S'E'l»£E 19'" DAY (.31? MARCH 2010
PRESENT
THE-3 HONBLIZ M:'.JUS'I'1Ci£ \'.(}.SA.BHAHl'IT.:  L
AND  V
THE HONBLE Mr.JUS'1'ICE sA*1'/.A'--rm1{2§g;<,é1N;2:\ ~ _
CRIMINAL APPEAL   4' " V
BETWEEN: 'A V' ' 1'

S'I'A'I'f3 OF KARNATKA. V' 
BY RAJAGOPALANAGAR PO1,ICE_.___     
EBANGALORE. V    =  ' .."A}>PE1,1,A1w"1'*'

{By SR1 S.B.PA\/IN. s.P.f5;}'%  "

AND :  "

D1»-1Az\;%AN._JAmN»V., .

3/ C).ARASAI-'PA, =  .. _ *

3.1YRs,--.N0.49o,V '  ._  

ANDHRA"HALI.I N:.«-xrN.;<QAD.

FRIENDS COLO1\1Y.'--. 

PEZEENYA. 2~n g5'i'.4_\c; 1:.

r3.m\:t£;A1.or:;.E.  .....  .. R£=:s1>c:>N1>L:N'1"

 » jtsy V512; B.E3...Si~{AN¥{ARANA12}\YAN. ADV. 82 SR1 SHYAM SUNDER
' BAJPERAR'; ..Aja_\/_i,~)

=§=*>£<*>.1<>i='i<

'~fE;f*iIS CRJMINAI. APP!*'ZAJ., IS FILED {E/S 378€I) AND [3]

  A'CR--.4I3.C.N PRAYIN(} TO GRANT IEAVEI "I'(') FILE) AN APPEAL

" --.,}\(iE.A_I'NS'}' 'I"I"I'£S J U {)G1VIEIN'l' DT. I 8 / 7/2002 PASSED BY 'I'I~fE

'}?R1..CI'l'Y S{C':.SSIONS JL'I)(f}1*I. BA§\§C}AI.()IT€1€. IN S.(.3..\E().55()/2001.

V " "A<:Qu1T'1'ING THE RES1>()NI)§*1§\E'I'/A(3(TUSESID FOR '1'1»-15: <m'«':>;N<T:£'«:.

PUNISI"-IABIE U/58.307 AND 324 R/W' $130134 01'" IPC.



THIS CRIMINAI. APPEAL BEING RESERVED AND (__T_C}l\/ffl\lG
ON FOR PRONOU:\lCE:'\/lFZN't.' OF JUl:)GMEN'l' 'l'v§'.llS_4 
SABHAHIT J.. DEZl.IVI3Rl*Zl) 'l'l"lI*Z l"(')l,I,()Wli\i(}:-- J  4' V'

JUDGMENT

This appeal is filed by the Judgment of acquittal:ppassedléy Civil (St Sessions Judge' in'S;_lC/.lNo.lE§50/2001 dated 18/ 7/2002 has been aequittecl of the offences 324 and 307 r/w Sectiieriwtfil-4l:'Qi ~ ll The .es'e{e~nt9ia.l_°i721et;s of the ease leading up to this appeal; With';.1'etere'iic'e to the 1'a.nl<ir1g of the parties ll " _ in at-riall. Court/é1"1*e' as follows:--

~tlte"_';:ase of the prosecmion that during the in the year 1999. the idol of Lord V'-»Gane.<"3he§ was being taken for immersion on 26/9/1999 9' .jh--.f.he procession on the main road 0l'Ar1drahalli. W'hen .. ._t.he procession reached near Shush_1'uthi Bank. Bhaskar [not examined in this case} had called the atrctlseci to \._;.../>~ join the pi'()C€SSiOE'1 but he Czilleci P.W.1~V'ei'1k2it.esh to join the preeessioii. However. P.W.i refusedf'tef"d6',.Aso and told that he shouid submit ihe 'c}.C".4(':'E')l..lvIH:':' employer and at that time, Aec'us--e.d i'7io._1i'' ' with Vulgar language by tiak.i1'1g'A1'iyhe----heme"Oi "his and told him that he \V()L1idTb€ him with a chopperﬁgh No.2 (since deceased) assaéiiiliieyciii chain on his right zmd they also assauiteds knife and caused time of the incident, severeilv in the said procession.

One.,Na1'aya.iiia,~7Shi-va}aja -- P.W.2. Shivakumar (not. e>{'aﬁ1iiied}h'.i._Ramanjani and Bheiskar [not examined), Arigadivv':Gew§:ia~'(n0t examined), Arigadi Nagga-11'ajappa [not ex'amiif:e'd.}and other persons were present there. P,eW.1;*':the injured fell down due to the injuries sVL1'sfained by him and thereafter, he was taken to the " "*h0spit.al as he had sustairieci bleeding injuries and his clothes were blood stained arid he \.ve.1s_s teikeri to the 'V./'* nearest, nursing home. rainee the imrsirtg home people did not admit him to the nursitig home, people___ took him to poiiee station and from police statioti him to K.C.General Hospital. where. he was first aid and then he was sl1iit:efd"t'o<Rajjv.;Gahdl"1i"i:Iea1tt and Chest Hospital. He narrated the (;'I1i'iI_"_E?A'.l1}Cid€ITE. to, police {P.W.6 -- CliaI1naraya'ppja,. )._ Wl1V{)_v_\KfO1i;Vi'{ilVi:'5'§ A.S.I. V of Crnanabharathi Poiitée St.at'iej11.VI"-..I1'1 I.heHli1C£:1I'1\?Vl"1il€). P.W.4 who had also Susiéiiiniedxihjigiries in the said incident had"aIfeady gorie polviee station and gave oral :3Vt.ate'mev5r1_vt. {y1'1i(j'}'1'A..i_'txras reduced to writing as per Ex.P.3"and tlie.vsAaffne "w;iS«i*'egist.céred by P.W.6 for offence ptiiii-s.hable' ziiider 341. 324 and 307 r/w IPCVIH'. iiii M«He prepared the FIR as per EX.P.4 injured P.Ws.l to 4 to K.C.General HAo':a_piia1'fotf" treatment t.hrough P115030. P.W.6 on the next} day morning i.e. on 27/9/1999 ' visited the spot and drew the spot I'I1£ihE1Z.':'1]' in presence of panehas as per Ex.P.5 at the spot and recorded the statemetit. of the wit;1'1esse,s Stzma and Srinivas and '\r"":"

deputed H0573 and PC4670 lo t'.r'::1ce the accused and produce them before him. ON the same day. 1;h'e»d.se1id staff brought. Accused No.1 and produced He made personai Search of the Ae(.*us_ed.

himseif produced the (T1']Op}§f:I'i..21h:CiuAgLhﬁ?i'1"éij'lf_e'S?;v€(T1 Accused No.1 and produced.___himV' b_efo1*e ihef_:Co_urt.3 with) remand application. He FLl1'U'l€l' investigation of the a':~,jvcg§. "1j'a1ke::r1~ over by CW. 15 M H.\/erlkatesh, PS1. took up further inVe$3Vtig{éft_i.o11v the i'r-;:o1" P.W.6. He verified the izgjvesthigaftviovon ?af1'<aa'idy eo1'}.duc1:ed and visited the spot and re'co1'ded' of P.Ws.2 and 5 and he _v1'si¥;::dLthe' VSADM' S}1l'1i1.()I'iLlI1'1 Hospital}, enquired the P,W..1E"-'§1ndA~.rec:c)rd'ed his st,z1t:emcm'. At that time. he .ib_3,--ood stained ciothes of the P.W.1 on prf3«duc'l'ngE"them before him by P.W.1 in the hospitai.

f)r1__ 8/"ii./1999, he sent: the seized property to the FSL exanlinatiorl and on 115/12/1999. he received the ""Wound certificmie from the SDM hospital in respect of P.W.1 per EX.}3.6 from P.W,8--Dr.R3.madas. He \w;~.

received the wound ('e.1'iii'i(taI'.c of P.W.1 from the KCC:

Hospital as per Ex.P.7. On 24/12/1999_...___ after (:0mpIei.i01'1 of the il'1\»'C'SI'igElIi()l1 he submitted \'t'hE»€"h_é'ujge sheet against. Aczcuscd N0s.1 and 2 i'c)--:f 'the_' punishable under Scmions Section 34 of KPC.

The Case was ' and Sessions Judge. ihe meanwhile, Accused No.2'. ciied ja'1 2 h'amc'-'d aggai.nst A(:c:_1sed with the Accused No.2i{j()n'in1ﬁiiii's:i':- "hf attempt' to murcier P.W.4 and aIsf;.Vi',i1e to P.W.2 arid thereby, (:0n9:h1ii'ired £116 Qi_'f§i1:i('c* }){l1'1iSh'c"-lblﬁ L1l1d€I' Sec't:i0n 341. ' w S(,.~c_'.£_ic)1'1 34 {PC Q'1i-heihalf of the prosecution, P.Ws.1 to 9 were i3>:amii':'éd and P.Ws.l 1:0 8 were got inalrked along with and ,2. 'l'he SE'c'-1'i.CIﬁ€:'.I1[ of the Aocust-3d under ' " '"*Sec:ti0n 313 Cr.P.C. was recorded and the dc;*i'er1ce of the :;'1C.(7use(i sLs1ggest.ed $0 P.Ws.1 arid 4 that they \veI'e «:71- assaulted by ACeL_:sed No.2 and not by A(.'('.1lS€d No.1 and that 2:1 false statenient has been foisted ,T--eig;air1st Accused No.1 and the aC.eused did not any defence evidence. ' Learned Principal City Cixfil and judgment dated 18/7/2C)VG2_4 held~_t"hat' 1}.'E{"V5A}.if()'S€?t';;Ll.tinert'o has faiied to prove that hzivey'cr'omnriit.t.ed the offence of attempt. i.('3A_f.l."I1..£I'Ci.'él" _e1'i1d Caused injury to P.W.1 in furt.heranc'e._ (f'o'n'1in(m" intention and committed tihéjf.'()ii1if1j:(j£'iptlllieihtibié""1.ir1d€r Section 307 and IPC':'i=./W._S'eef'ion '34 of {PC and acxqnitted the acc:L:sedV"'for" the oiiesiif-.e.."punishable under Se(*.t.ions 307 2t.:h1d,32iii 1f/ \'V.'S"t;':t1',i.'i_'(_)_IA'}v 34 of IPC. it .''aggrieved by the said jiidgmem of 21oquit.ta1 dated ,.]:.'€5,./,iA?:""'/A2002, the State has preferred this sipped}.

3. We have heard the St.at,e Public: Prose(:ut'.or .z§§_ppea1i'iIig for the appellant«State and the learned (YOLEIISGI appearing for the 1'('.'3]I)(.)11d(?I1'{e&1(Ii("L£S(?d.

'K/'~

4. Learned State Pubiic: Prosecutor submitted that the trial Court has; examined the eye Vt'iIl'}£'SS('§ '{?_7"'t/'_V&3. I, 2, 4. 5 and 9 and thougli P.Ws.2 an(iiz2___(5tj_ suppmted the ease of the p1'0seeuti0r1 _a1"1'd-- ..{{v::%fev.,t.1'*eat.ed' "

as hostiie, in View of the evici=.ei1eeg§'f tehc'-.iVi:1j£1'1'edA witnesses. P.Ws.l and 4 a1i:1c:1__als() 1-he r:vit=i_e%1i.it'e«-Vof PiW.E3- ' and the evidence of the i\/iedi(:_éii..VQff_icer'¥ who has issued the wound ceri;'1fica.t,e{Cf"P;v'N'.'4-., as per Ex.P.2 and the recovery of.*ti1':d§3pe1i_"fr0ﬁ's ..the possession of Accused N,r3}.1 'éig/:*t:_)_i;_1iLi:.':_iea.r1y_"fimve beyond reasonabie d<)ubtfthE1t.eA .;jArose%_f;titi_tj1*1n"h21s . pﬂrﬂoved that Accused No.1 and Ae~::L1$ed 'Nd;2*._{S'i~niE:*e~"deeeased] in furtherance of thei1f_e()111niU1_i int:'eni;-itiii z'ittempted to cauee murder of "v..P.\2'J..€1 esgeyy/g'r1i<at.esh'}ii'1d eatised ii'1jury to P.W.4 ~ Kumar 't'h;v::f3i<ehl:23},"e-eommitted the offence ptmishabte under s«:é¢:.:__ion;;- 324 and 307 1'/W Section :34 of we and it V"'theref0r.e; the trial Court was not justified in aequi'tting _ aectused and the respondent may be Convicted for = ..t.he above said offences.

K» accused N031 and 2 h'.;wir1g cc_>n1n1it'_t.e_d the offence pun1'--she1bie Lulder Se(:l;i01'1s and 307 r/W Sectiorl 34 of we :35;usgufigad5; calls for imer'ferenc'e in this e1ppe_2?£I';?_

2. . What. order'? "

7'. We answer the poi1"1't----.e.:Ve1s f-;)lI6;.wS:

Point No.1 : "'--}V?iIj1ACi-i_l'lrg'_§?,;_'vv(54f'.V:'T,h€ trial Court is justified and if does ;r.1ov1v__ ef¢1lf"f'<)z*'ih:*,erIere11cie. Poin;t."1'€"0.._2'*V.:-7:'; V'-.iV:<1.."viVei$._r our finding on Point l\I__Q__.Vl i1.gg_pe;1,I"is_Vi'i2ibECyd be dismissed. We lame-, g2;iv'ee1'1_xg:e1rei"z1l (*onsiderat.ior1 to the COI1t€IT['l'OITE3.V of the 71e2i'rhed counsel appearing for the D'c1;f_t::i*es,; .;,a1r':d sc1'L£r.""i--i;ced of the mate1'iaI on record. V.9"." «"ITE1e~p190secL1ti0r1 has relied upon the evidence of witnesses P.Ws.l, 2. 4. 5 and 9.

"V--_:U:1Ek;rt1iha1:eIy. P.Ws.2 and 9 112-we not supported the ('5'.'--1se"c)i" the pr()$e(:11{.i()i1 and they are pemlitted to be .e19c)ssueXamiI1e7d by the leamed S.P.P. but nothing has been elicited in the cross~examinat:i0r1 to support the Case of the pr()se~.c1.1i.io1"i and 1l'1eref()re. the prosoout:io1'1 is left with the evidence of P.Ws.l. 4 and 5 who i:1rC._€ye witnesses.

10. It is clear from t:'vidé.i1c¢3ﬁo:i"._l§.\?'J';3H"'r~ Dr.\/erikatesh. who has ex;1rninod__ wound certificate per Ex';P'."2. s1.ai,i-r1g{!i:.iit had sustained simple io1'1'V;.4,.1\riesv;l"""Phi: Vf)i:.'()se(:11t.Vi'oriVV has also relied upon the c-tvideméer (.i'i"'Vl'iW;«E3V"9;].[§r.A.V.Ramadas. who has exj.1Ifi««iori'ed ;l?.\ﬁ;'.--l7 arid'--:l1ag__fissued the would C€1'UfiC,'c'1'[€€ as,7'p_e£ filial he has SL.ISl',E1iFl€d grievous -inj Ll .. U l " 4"

._,1l. CllaI1l'}£1I'€-lyerlppa, AS! of Rajago»p:a.l2i::i.e1g21r Police Siaticmi I{3211'ige11ore>. the person ~..\VAlrif_;-oi' the complaint. and recorded the stl:ei'£__63rI3ff3\I1'i,--.iA«:'olf P.W.]. P.W.7' -- H.Ver1l<atesh. PSI of R2i_i21go'peilan21ga1r Police Si.at,ior:, i_32.i1ige.1l(')1'e, is the 'i_1ivostiga_t,ing Officer, who took up furiiht-3r investigation ' " -from PiW.6 and their ewidenrte is alrt-':ddy on record. \/s

12. P.W.I has deposed in his exetmi1'ia'E.ion--in--Chief that he lsznows the Amused No.1 bef'()re the (3m:1:'17.t_i.'~V._In the year 1999. the ezcmused was hd\«"§11g 2:1 1'.'L".:i'-11})'(i)V"&vi.:i"i*d:.'i3?-LT was the driver of the said Ee_mp0_.4 during the Ganesha festival, idol RfC£anesha.\Aw'g1s' for immersion in pi'0(ies_s'io_ii1 {Tile '.me1ii'i"~,""f()ad oi"

Aiidharahalli, at Ehai,.i.ime;AV-he:iarziis-»i,(§0nii1A1'g~-songthe road after attending his \x.riir1i'_._" sc) coming near Shusruthi was coming in from of Bhaskar (who is not called him to join the I3r0CesvsiQ!1i; the same and told him that he has \»v()xrk {shat to submit the a('(:0um to his *3ni'p1b3?er 15:11'. at time. the a('rm,1sed before the Court st~2atrt'ed.iabVL:s.ii.i:g him in vuigai' language by taking the name (}_f}1i$&':FI10'Eh(?i' and 'told him that he was waiitihg for _."hi:1_1 oriiy. then he as-;s£=u.1iiecl him with chopper on his persen, when he tried {.0 assault on his neck, he put his " ""h'£'ld across his neck to avoid the blow. the ﬂow fell on his hand i'esu1Lii'ig to his iridex fir1;_ger. he also ass2.1uI'{.ed

- 1' on his right thigh, ('enter and left side of the ehest__ with chopper. Whereas. the Aeeused No.2 £41SS&1L'l:lu1't?-Cl"--_l;iviI1] with the cycle Chain on his right index i-'i.'r1'ger.,_:onl right thumb and he also zissaulfzed 'i"ii.n1'l.ivii}lrifhis the "time of the incident, sever;-:'l,_ pe.rs<)i1s.'_wei?.e = pres--en'i~, and one Narayana, P.W.2 44'-vi.Shivaraje., lwhjo liss iuriied hostile to the prosVe.'i:~:i_tion;'W 'Shi\«f€1*l;L1marV.v"'Rsmanjani, Bhaskar, Angadi [not examined by "Ll'1_(§_"pI"0_S€C1;1fi()'i1}ra"il1d.__.z2llS() other persons were presei1t.;il'i.ere';*« »AtieE.?aise;--d.i'i\lE;:§. i" is his neighbour but he knows frorr: _the last. 5 to 6 years prior to the intridene After.reclei.vi'n.g'"i.he injuries. he fell down at the spot,.-- amd i,he.reavi't:e1'.1-liewas taken to the hospital. Diie .°=to "the E"'»;IV':r3SVé'l']ii1"lt.. was bleeding through his body, his A'~-(:loth'es..V'we1'e:'b.lvood stained and his shirt. had hole due to ;;s;sa::i:, on his Chest. Public gs-1i.hered there. E'.O()k vlhiirn to'~the nearest. nursing home, since the nursing 'home people did not admit him {:0 the nursing home, ll " "people took him to the Police Station, from there. police iook him 110 the K.C.Gci1er:;1l Hospital, where he was \.> «: 15 :-

autoriekshaw. it is not e0i'reet to stigggesi. that he has stated before the police that the quarrel took place between him and Ankegowda with regard to _.~i_akii1g passengers in the dL1E.() and it not eorreet z't):'s-s.'ijgigest. that on that day his frieiids and himselijfivereei fully. it is not eorreet to suggef;if"t.h'ai ﬂat th<3_:tir_1ie 'of incident Accused NO.1 before t.he.__C0tirt. vwigis hot? and that the quarrel t'()(;v§{"'-place*-- himself. Bhaskar and Acteuseicix'N()..'iV'.W (i'o._'1ic)t Rviioﬁr whether the tempo of Ankegowda is It is {me that Acéc:u:e3vediVN()w..i;1 ewi_ier cifthe tempo. It is not correct to sug;.§es't put fi1'e to the tempo of the Ankeg(')wciei :»mCi~i7h oi*dei* to over come that ease. he filed ' .6: V'i"2i1seA"ic:21s-;e'iagainst. the aeet.1sed. ' "P;"n?V_}2 ~ ShiVdl'&1j is also an eye witness to the p:'o_seeutiei51. However. he has stated in his examination that he/'has witnessed the alleged il'1(..'i(.'1€.I'i1 and he has ' gbe-e..ri treated as hostile and nothing has been elicited in «his cross-exaniirieition to stipport. the ease of the \_«/'9 p1'()Se(?L11i()l1 arid tl'1c1'el°o1'e. his <=3vi(len('tc is not at all helpful to the pros_e(*.utio1'1.

14. P.W.4} -- B,'l'.Kum2u', who is .::1r1'§.__iil1ju1fet:lt% V' witness to the incident has sI.e11,'ecl tits-it 'thQugi'i«_l1e"is an eye witness and iiijtirecl vhas t'l.ep'osed 1.11' his' (frO'etsV-'--..

examination that on 26"' déi:gEJl"l'1 tl1e'y.c_2i1*e.1i993. on the day of immersion 0'lfG~ai1e*Hhe1 'idQl,"P.tW.1 eiélied him to accompany him for electric': ",\"Vc)i'k.r'~&1.t'--i}11a.E time, he was working unde'rfe1n e1:e_ci'.:'ic:7cO'nAtr2i(:tm:{ On tliat night both of £i1':iCI]1f4"w€l'e*"1"Cl.'t§':i'l'1'li"ig' {Cg theii' house at about 7.30 p_.n1--.' Wvivzeifi"4ll1§'34"e;ifnc§ "near Shushruthi bank, at that time"epintteésion "0f..'t'G21.11tesl1z1 was ('oming on that r0a.d.§a1'1{:l at lh.:51't «?.',§__I_1_1Cv. Bl1&§lSk£l.l' who was presem in that ']):l'("1£1t??SSVlOiT1"Céillcd P.W. l._ at that time this a(.%(::L1sed and A11k'egoWci.é;'j_Were all present Eifld this E.'i.('.CLlS€d told P.W.l that l1eW._v21s waiting for him arid Actfctised NO.l came v~:lj'f?)r£?\fai"d by holding a Chopper in his hand and assault.ed l. with ('hopper on his <*.hc.<st'. left hzmd fi1'1gers and also on his leg. When he tried to separalie I,l'1e galata. he also re('eiV<:=d injury to his hz.111('l and A(::(*used NO] .\J/, assaultt-:(i on his right. hand (:1 scar mark measuring about 2" semi above tile riggiai wi'ist_jo:'1'1t.}. Tl']('l'] l}C=.>\/'V€i'1l to the police station and gave complaint _...a:'1d:"e)'1fali'ly riarrated the lI'1€."1Cl€?1']l', which was F€C'lLi(?HCf_(l'4'iVI1l'.tj_T".V'1'iTlI"i'g_V ' by the police and he has i(i(:1'1t:'ii'it-Edli.i1;:'%se-1'i'ci' ii;c;mpia;:_ii:, which was marlceci as Ex.P.3A and yEX.P'.3(e1)l'; this'? sig-g1121.iti1'€. He has fui*t:l'1ci' ti'o;;§(;sc%d El'1&-llﬁélfll t.li{: time of the incident C.W.8 N'_E1.i"';1v\/E1.i;l'c1_21l;l€1_Stl'*I11a1'}y others were present there and he clvoyiioyt i{_i1ow"t':hcé"rs-21's()ns as to why Accused No.31 ail-dyo.t'VE1ea'slassat,illt1t='d'"PW.1 and his oral st.a1tei:ient."wtéi»s_ l'€nd'L1CTéCl.'..l.0 writing by the police but it was notread over' h'i..{il';'« "However. Cl'1opp(a2r~i\/1.0.1 was sl'1c)wr.1 to l_1iJ1'.1 lIiv'L1l1(,'.hC('.Hl1'l and he has st'.a'Ec('l that it is °-m)"1'* ltlsiwéa c.?'h,c)pper l'1'1.VVl1l'(".l'l tzlitéy were assaulted by Further it is c3licit'.<-:(l in his cross-

€XEi'iir1iI'1__E'ifi0fi that he has no £i(?qU'c'1if1'[.€1l1C€ with the '4"'--.v"ay(ég:used;- and it is not (?()I"I"E?(?l to st.iggc?st. that there was gjaieaa which took place between Ankegowda and " -liimself with regeird to c:21i'rying the pe1sseis1g;ei's in the fcnipo and aut.ori('l<shaw. 'l"l'1e Ganeslia idol was kept in \.;~--«'* 8.30 p.m. he wztls ('.omii'1;'_{ fmni his fuel depot. simated near ShushrL.ithi Bank. Andhrahalli Main R()21dx a1j1'd._Von E11211'. day. Ankegowda was the driver of tl_1e""I'e:n-53:0 :..ing_ which Ganesha idol was kept for ij!'u~» oi"

procession. A1 théit time. he sei"»'.{:'tl3ie:sii':

CH' Ankegowda were C{L.idl'1'€}i'iI"i'-Q with ' :'--'.;«;-i(th_ 'A<:)i',vh.CV1T and. L Ankegowda was assapilting ohain. In the pro(:essio1'1. sever'-aii' and at that time. Actcriisehd chopper and assaulted and hand. By ihen. :t'f'1"€"VV to Came there and by the I.in1e '[.§'1(:?y'1f€?E1(fh€'V('}.k.}'l.f':7f"S1901 a'u"1d Ac-euseci and his assoe.iates fc11_'i a.w21y."-aaiti at t.h-at time of incideriti. one Ks..in1.21r--P'.'W.4 and several ot.hei' persons were ' e.._pfe:seI'1£;;'=._G'a.riesh21 idol was kept in the tempo and it was beA21'L2t.iif'ij:ilj,«{Af--decora1'.ed with ﬂowers and lights. The :"'ChQppe'1*---¥¥ M.O.1 was shown to him in the Court and he s.'h_é1s--Asta1ted than it was not the chopper with which " -»A~t§e.1s1sc?d No! zissaiilted P.W.1 amid this to assault. P.W. I. fell ciown after going i-if some (.IiSi&1I'1('£,' and P.W.1 was vi» shifted to the hospital. P.W.4 E11.'-i() sust.z:iii'1e<i iiijtiries. Acciiseci No.1 asszii.i1t'ed P.W.4 also with ,.§.3i'£.()}}p€F causing injury to his right hi:-Iﬂd above the.§vi*ist[.j=.. elicited in his ("I'()SS-(?X£1.IT1if1a1.i()I1iihélil e1t:"t'ii('--:t}i:f1'ieV the"

in('idei'1t.. the tempo in wliieh t'i1<'=..._Ge:i'i"ic;::§i1éii~._i(i~o1' was presem. He do now"il_<i:«r_V)\-=v wtietiier°3.1ow"t:h.e'said"

tempo is there or not and I_'cflH[Vi€V:"i'v__I"I<'i,_VC?£:1I'r'1€"-IQ igziow that Aectised NO] was t.h'e~o\,vi1.r;érf-,of .,Sa»i_ci tempo. it is not correct" to siugges1.'"t,'iie1VtV':at t;i-i1"ieVV"oi' the irieicient, accused xvfae;"i1ot.lj_pi*es3i1.t t'he-fspot and he was in his hO1lS€ E1HI'ia "tihgv'i,t' iii? it-*.EEi'S'=£i'(rp():?3.i1'1g fzilse befom the Court. H e do not i-Zi'}O\"x'VV\i\'I'}'1.i:V(f'v11'iE?I:A'€t'E'ij/ qi..iai'i'cl took. place betweerl Ankegowdgf':;1Vi1ci.."P;"i7\/'é'.l and 4 in ceirryirig the tempt) and 'c'1i,l'({)1'i('.kS1'1.':1\'V earlier to this /,5.,I"iV(T'i_'CfEV3I1.,1.f_*...A.Ii1.iS_ii()1, (?(')i'3'€'(?11 to suggest' that on that day and 4 burnt the tempo of this accuseci V'é1.rn1cl in 017C361' to over come this crrime he filed a false ease " _ 21-gé1'ii'1st. the actmsed.

\.»/is

16. P.W.9 has noi supporieci the case (if the prosecution and l'1()H]iI'}g has been eiiei1_.ed_'"'«iii--«.V"i<1,is examination.

17. Ii is clear on a1ppreei,at'sic.;.ni C21'I11Ls_'eviden_Ce.,pf' P.Ws.1. 2 and 5 that iheifr' -:,_jvi<:i(?i3'iA:r_e" 1':e.of"Vg'r1nsisi.eni;..Vui Cogent and reiiabie. It is r.11"»=.-~;._a:~: that Bhaskar. who is rei*e--:.i;§fd' of P.Ws.1 and 4 who eaiieci P.W; has noi: been persons name in the in his evidence.

fﬁheiskai". Ai'1gadi_ Gowda.

Angadi E?i'.I:.1::"{_f}"'(V)'[11L",I' persons have not: been examined in ii"1"is__C2ise and P.W.1 was admiiiied in the »hvospiéal'«z1ii§,.,,i,xg';1s examined by P.W.8wD1'.A.V.Ramadas. 'I'heé'--.i11isto.i'ybf assault is that he was assauIt'.ed by Bhaisigzﬁa. [)l"1ai'ie1i'-1j.:ya and Arikegowda. using sickle and Chaiii at about 8.30 p.m. on 26/9/1999 near ST§1L1Shl't.1i',hi Cc')~c'ipera_tive Bdllk at AI'1('ihI'E'1i'1£-{Hi Main Road. Hegg211'iah21I]i. The indeperideni. eye witnesses P.Ws.2 and 9 have noi. supported the case of the ?;

\'';.»°--' i cioiibi. = ii p1'ose(rut.io:'1. The <;*\-'i(ie1":(.'e of P.W.5 is 1101 much llqslpful in c()1*1*()b()re1t.ing the cvidencfc of P.Ws.2 £€1!1"fi:V"~"3r':".§i!I'3'd actC()rdi11g to P.W.5. t'hc1'(' \\-'£--IS C1l1'c1r'2iC'i,"lZ)éf"W€*€f1 "

Arikegowcia-1 and AL'("l.lSCd N().2:"{i%it'i':. 1.110 _V{'«lIfVi V(;'.1'V(3fh"thVE? tenipo ~ P.W.1 and t'i1e1'cai'ter. A(*(.'_1,:E::g_('i No.'Vi_i A(?21.n'1e ':heré'--.. and assaulted him with (él1c)'p15er Vf;;oi.Wstated about P.W.4 i11tc*1've11i'11.gﬁamid""é'1'Vi}éf:'§ii%ii'iI1g iIij'iif'y°vv21I1d that Accused No.1 also The facts czlicited in a clearly show that ihe 1.1'1ai' his evidence is pi'('SE'I'}('.€' at the place of the iiiigjidehti "i"ime of the incident. has not been, .p1*ov<:hCiby~"t'}1(% pI"(')St)('i!'Ei(_)l} beyond I'e21.s()1'121bIe 'iv-'ji'fh.éWm/idence of P.Ws.l and 4 apart. from app1'ecia1:§(m of evidence of P.Ws.2 and 4. ii: is Clear that v~:if'i:1VVth'¢ examinatiowi1'1-chief iiseli' P.W.2 has stated that Sljiiivairzijzi ~ P.W.2 iias I1£I'I'l("d hostiiv to 1.119 pmsecut.io1'1 and Shivaiiumar. RaI1]E1l']_j'c1I1i. Bheiskar. Aiigadi Gowda. A_1'1gadi Nz1gz;11*aj2ip;)2i and ()I'hL'l' })e>r,ss<):'1.~s were p1'es3e1'1i \J«'?

and they have not been ex;-m'1i1'::ecl. Further. he has Si.E':1l.Cd in. his evicIe1':ee that he fell down ai'i:§:-'rgthe 1-I'i('id&'I'11 and he was I'd1{E'1'i 10 the police e;st~ai.ic)1j' ."

t1'1ei'eaf'Ler. he was 1",:-ikezi to K.C.Ge.1'1e1'a.I..,H'@.$pii.i§al_ anci, ' treated. However, the evidemre "I that both of them had genie .1_.o p0iir;e"9i:a11:io'ir':jVa:i1d lodged the complaint. xvliicfiuii"vvfie-is i'crg'___§':":$';i.,VL:'i1'e":*ci P.W.6 and irivesi.igat.ion Wciéf §30'i'1d;:iv(7iI6*~:j'~,i:5y _ P.Ws.6 and 7. Further. it is dear fr(m1..1_:heVeyi§ieri"('fe"0iJ" f'.Wsw.2 and 4 that P.W.i élfias §i::_._ icier1£j'i:i"iveci_.i'v'!:i-if)'. ihe chopper used in the (?(5IiI1A7Ii:§{SSi(v§-ﬂi'i' of'».gj'ffe1'iceWaiid i\/1.0.2 shirt, which was bl(;0d= st21i1iV1eCAl:' as'~~.h'el.r3'hgihg I0 him. According to pi'()sec'.L.it;io1'i"'_ ._iF'.W.72 171-asTii()1 iciemified the chopper used '«..,Ir_)yV'Ae(riris'3e€i..i\i0. 1 3."i.m"i:i1e time of the incideiii. 'I9. far as I'€£'.()V('.i'y of the chopper is C()11(3e:i*i'ied. it is Clear that aceo1'di11g P.W.€> during" ihe gierésmiiaal Search oi'A(:rcLi.seci N01. ACcri.ise.d NOE himself ' produced the chopper and he prepared the mahazar. Further -it is clear from the evidence of P.Ws.2 and 4 ihat their evideiiee is 1101 ('(_)1:ssisE'e1'1i. 1:1'uiIr1i'"u1 and »: 24 3* reliable and havi1'ig_{ r-eg;{22ii'd to the evideiwe of P.W.5. who has statecl in his Crc')ss-ex;-1n1inz.iE_ion that 1'15?--does noi know as io whemer P.W. E haid (.'.(')1}SE.li11('(i..21llT>{.):h(ll: on that day and he does not know whether"__I§'Z'i7§(s'.}¥i{'~eir::'l' burnt the tempo of A('('.E,1S€d

20. Furt:he1'. ii is (iieaif i'rc)1ﬁ---Ilia xx-*(');1,h£i.t'ei*iiiT§('é1te'*l as a.l1'eacly referred to Elb()V€.lV.1'll'LTl'l wa's..iSsu:edV1by P.W.3 pertaining to the i1i;§4ii'ry :§sus_t:¢iii'1f;"=C1A"'«by P.W.2 as per Ex.P.2. no charge sl'1ee_i;_hasl:)ee1'ei'°i'ile(*l..'jvagainsi. Bliaskar and i.le1ereit)r;:4. L}ji1eevi'de>i';(%e of .1._l1R:' "21-ecizisecl that P.Ws.1 and werea'ss{2:LiEieCi'.l_lj'y 'A'c.'c'used No.2 and Bhaskar cannot. beruLl1lf:do.Lit', "

21*. .H'El\/Eli";-5; regard to the above said material on »reeo1'd_l ii'.Vis €':lear that the finding arrived at by the trial .C--'oL1--1"'t vt..:ho3:L:..tlfi:=élvproseeution has failed to prove the guilt of l41']zETi'.'v'clC?(TUSCd oi" l'1&1\-'lI'lf_§, (:ommii.1ed the offence "..ﬂ1§un4i.A$héible under Semions 341. 324 and 307 r/w Seetio11_ 34 of iPC along with Aiikegovvda (since decreasai) _;'usi.ifie<'l and we do not iirid any error or kw'

-1 25 :~ illegality in the said finding arrived at by the trial Court and having regard to the fact that the interference is limited to cases wherein arrived at by the trial Court couldnoti haye '"befen'"a,r'i'.ive.d "

at having regard to the material Jrecord.'lancﬁgfiiy when the finding arrived at Court, to'-if be erroneous ElI'idvA"lL+.l.(*31'€ reason to interfere with the the present case, on time find that the only arrived is that the uffailzed to prove the guilt of the doubt. Accordingly. we holdvithat firidingfosf the trial Court is justified and «does not; L311 for interference in this appeal. We answer A ._ Poifll .ace'ordingly.

f'l3.oi:r.1t No.2: In View of our finding on Point No.1.

"<.v{»'.r~e" hold that the appeal is liable to be dismissed. Accordingly, we pass the following:

V' ~: 26 :~ ORDER The appeal dismissed. The ;'uc1-gi-'i:'::.t{1t "~o£ acquittal dated 18/7/2002 passed by Principa} City Sessions 1.'Be1:nga1erje',---.'rin S.C.No.550/2001. 21(tq1.zit,ting '~ offences punishable Lmder-vs.e uSee::~c:t.i0rIs._V , r/w Section 34 0f1PC isV;i'n:.r_3Af'1'rr:'1edL'

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Karnataka High Court

State Of Karnataka By Rajagopalanagar ... vs Dhananjaya S/O Arasappa on 18 March, 2010

Bench: V.G.Sabhahit, S.N.Satyanarayana