Karnataka High Court
State Of Karnataka vs G N Krishnamurthy on 8 July, 2013
Author: K.Sreedhar Rao
Bench: K.Sreedhar Rao
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IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 8TH DAY OF JULY, 2013
PRESENT
THE HON'BLE MR. JUSTICE K.SREEDHAR RAO
AND
THE HON'BLE MR. JUSTICE B.V. PINTO
Crl.A. No.986 of 2008
c/w. Crl.A.No.339/2008
Crl.A. No.986 of 2008:-
BETWEEN:-
State of Karnataka,
By Thirthahalli Police Station,
Thirthahalli.
Appellant
(By Sri P.M. Nawaz, Addl. SPP)
AND:-
1. G.M. Krishnamurthy,
S/o. Nagappa Gowda,
Aged about 48 years,
2. Sudheer,
S/o. Krishnamurthy,
Aged about 19 years,
Okkaliga by caste,
Coolie,
3. G.M. Puttaswamy,
S/o. Manjappa Gowda,
Aged about 48 years,
2
Okkaliga by caste,
Agriculturist,
4. Shanmukha,
S/o. Manjappa Gowda,
Aged about 48 years,
Okkaliga by caste,
Agriculturist,
All are R/o.Jettinamakki,
Vatagaru Village,
Thirthahalli Taluk.
Respondents
(By Sri R.B. Deshpande, Advocate)
This Crl.A. is filed U/s.377 of Cr.P.C. by the State P.P.
for the State praying that this Hon'ble Court may be pleased
to modify the sentence imposed by the judgment dated
01.03.2008 passed by the Principal Sessions Judge in
S.C.No.85/2004 convicting the Respondents/Accused Nos.1
to 4 for the offence punishable U/s.341 r/w. Sec.34 and
Sec.307 r/w. Sec.34 of IPC and the Accused Nos.1 to 4 are
sentenced to undergo S.I. for a period of one month for the
offence punishable U/s.341 r/w. Sec.34 of IPC and further
they shall undergo R.I. for a period of 4 years for the offence
punishable U/s.307 r/w. Sec.34 of IPC and also directed
them to pay fine of Rs.12,000/- each in default of payment of
fine, they shall undergo further S.I. for a period of three
months. Both the substantive sentences shall run
concurrently. The Appellant/State prays that the above
sentence may be enhanced suitably.
Crl.A. No.339 of 2008:-
BETWEEN:-
1. G.M. Krishnamurthy,
S/o. Nagappa Gowda,
Aged about 52 years,
Occ: Agriculture and coolie,
3
R/o. Jettinamakki,
Vatagaru village,
Thirthahalli Taluka,
District Shimoga.
2. Sudheer,
S/o. Krishnamurthy,
Aged about 22 years,
Occ: Agriculture and coolie,
R/o. Jettinamakki,
Vatagaru village,
Thirthahalli Taluka,
District Shimoga.
3. G.M. Puttaswamy,
S/o. Manjappa Gowda,
Aged about 52 years,
Occ: Agriculture and coolie,
R/o. Jettinamakki,
Vatagaru village,
Thirthahalli Taluka,
District Shimoga.
4. Shanmukha,
S/o. Manjappa Gowda,
Aged about 42 years,
Occ: Agriculture and coolie,
R/o. Jettinamakki,
Vatagaru village,
Thirthahalli Taluka,
District Shimoga.
Appellants
(By Sri R.B. Deshpande, Advocate)
AND:-
The State of Karnataka,
By Thirthahalli Police Station.
Respondent
(By Sri P.M. Nawaz, Addl. SPP)
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This Crl.A. is filed U/s.374(2) of Cr.P.C. by the
Advocate for the Appellants against the judgment dated
01.03.2008 passed by the Principal Sessions Judge in
S.C.No.85/2004 convicting the Appellants/Accused Nos.1 to
4 for the offence punishable U/s.341 r/w. Sec.34 IPC and
U/s.307 r/w. Sec.34 of IPC and sentencing them to undergo
S.I. for a period of one month for the offence punishable
U/s.341 r/w. Sec.34 of IPC and further sentencing them to
undergo R.I. for a period of 4 years and each accused is also
directed to pay fine of Rs.12,000/- in default of payment of
fine, each accused shall undergo S.I. for a period of three
months for the offence punishable U/s.307 r/w. Sec.34 of
IPC. Both the substantive sentences shall run concurrently.
The Appellants/Accused Nos.1 to 4 prays that the above
order may be set aside.
These appeals are coming on for orders this day,
SREEDHAR RAO, J., delivered the following:
JUDGMENT
The material facts of the prosecution case discloses that one Ashoka - PW4 is the victim. One Thammaiah- PW1 is the complainant and is an employee of PW4. Accused No.2 is son of Accused No.1. Accused Nos.3 and 4 are the brothers and Accused No.4 is a married sister of Accused No.1. There was pathway dispute between Accused No.1 and his family members on the one part and PW4 and their family members on the other part.
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2. On 17.6.03 at 8.30 p.m., PW4 after attending wedding dinner in the house of Ramachandra, while returning to his house, he was wrongfully restrained by Accused Nos.1 to 4 and was assaulted with deadly weapons like sickle. PW4 has sustained grievous injury of fracture of ulna on left hand and hand was cut and hanging by skin. PW1 to PW6 were with PW4. They took him to Thirthahalli hospital and thereafter, he was taken to PW12 and he gave first aid treatment. Thereafter, PW4 is shifted to KMC Hospital, Manipal. He was operated by the Doctors PW16 and PW17 and left hand was restored by operation. Ex.P20 and Ex.P21 are the operators report. Ex.P23 is the wound certificate. The accused persons are charge sheeted for the offences punishable U/Ss.341, 307 r/w Section 34 IPC.
3. PW1, PW4 and PW6 have given evidence in support of the case of the prosecution and four accused persons have been convicted for having caused injuries to PW4. The medical records and the evidence of the Doctors also supports the case of the prosecution that PW4 has suffered grievous injuries and his left hand below elbow was 6 almost cut and restored by operation. He has also suffered injury at the scalp and the lacerated wound over the left eye brow. The trial court on the basis of the said evidence has convicted the accused for the offences punishable U/Ss.341 and 307 r/w Sec.34 IPC and sentenced to undergo RI for a period of 4 years and to pay a fine of Rs.12,000/- in default to suffer SI for a period of three months. The accused aggrieved by this conviction, has filed Crl.A.No.339/08 and the State has filed Crl.A.No.986/08 seeking enhancement of sentence,.
4. Sri R.B. Deshpande, learned counsel for the appellants-accused strenuously submitted that the incident has taken place in dark place and the accused could not have been identified. Because of the previous enmity, the accused have been falsely implicated. The witnesses PW1 and PW6 are interested witnesses. PW1 is the employee and PW6 is the father of PW4. Therefore, no credence should be given to their evidence. The injuries sustained although grievous in nature, has not resulted in permanent disability. The fine imposed is also excessive and PW4 has not 7 produced any material about the medical expenses incurred. Therefore, the PW1 is not entitled for any compensation. The conviction U/s.307 IPC is untenable since no injuries are caused on the vital parts of the body which dispel attributing intention of committing murder.
5. Sri P.M. Nawaz, Addl. SPP submitted that the order of the conviction passed by the trial court is inadequate and the same requires to be enhanced.
6. Upon thorough consideration of the submissions made at the Bar by the learned counsel for the appellants and the learned Addl. SPP, we find that the injuries caused on PW4 are indeed grievous in nature. His evidence discloses that his left hand below elbow was almost cut, fortunately because of the good treatment, his left hand has been restored. The contention that PWs1, 4 and 6 would not have been identified the assailants, is untenable. The incident takes place around 40 to 50 feet away from PW7. There was petromax light in front of the house of PW7 and in the glow of light, it is stated the accused have been identified. The 8 accused persons are of the same village. Even in the night hours, from a close distance, it is possible to identify the persons. Therefore, the question that the accused could not have been identified is untenable contention. There is no good reason PWs1, 4 and 6 to implicate falsely the accused persons if the assault is made by any other persons. The incident took place at 8.30 p.m. The complaint is given at 11.40 p.m. PW4 is shifted to Thirthahalli hospital by PW1 and PW2 around 10.45 p.m. The circumstance corroboration clearly suggests that there is no possibility of false implication of accused persons. Therefore, on overall consideration of the facts and evidence, the prosecution has successfully proved the incident of assault on PW4 by Accused Nos.1 to 4.
7. Having regard to the nature of offence, the conviction U/s.307 IPC does not appear to be sound and proper. The injuries are caused on non-vital part of the body. The said injury dispels attributed intention of committing the murder. If really Accused Nos.1 to 4 were serious of causing murder, they should have assaulted on the vital parts of the 9 body. Therefore, keeping this in view, the nature of injuries caused, Accused Nos.1 to 4 are liable to be punished U/s.326 r/w Sec.34 IPC. The injuries caused are grievous in nature. Fortunately left hand is restored below the elbow and there is no totally permanent disability. However, permanent partially disability is suffered by PW4. In that view of the matter, the accused are sentenced to suffered R.I for a period of 3 years and to pay a fine of Rs.50,000/- each in default to suffer S.I for a period of 6 months. The entire fine amount to be paid to PW4 as compensation. Accordingly Crl.A.No.339/08 filed the accused is partly allowed and Crl.A.No.986/08 filed by the State is dismissed.
Sd/-
JUDGE Sd/-
JUDGE NM*