Criminal petition under Section 482 Cr.P.C. filed to quash the impugned order of Sessions Judge rejecting discharge application for attempt to murder. Court found intention to cause death and found no merit in petitioners plea; dismissed the petition.
The petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:13497 CRL.P No. 102785 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102785 OF 2022
BETWEEN:
VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.11.23 16:48:56 +0530
… PETITIONERS
(BY SRI. NEELENDRA D. GUNDE, ADVOCATE)
AND:
… RESPONDENTS
(HCGP FOR R1; R2 NOTICE SERVED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE ORDER DATED 07.07.2022 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE-KOPPAL IN SC NO.51/2019 THEREBY REJECTING THE APPLICATION FILED U/S 227 OF CR.P.C. WHEREIN PETITIONERS ARE BEING TRIED FOR THE OFFENCES PUNISHABLE U/S.307 OF IPC, AS AGAINST THE PETITIONERS IN SO FOR AS A1 TO A-5 ARE CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed seeking to quash the order dated
07.07.2022 passed in S.C.No.51/2019 by the Principal District and Sessions Judge, Koppal, whereunder application filed by the petitioners under Section 227 of the Criminal Procedure Code (hereinafter referred to as the “Cr.P.C.”, for brevity) seeking their discharge of offence under Section 307 of the Indian Penal Code (hereinafter referred to as the “IPC”, for brevity) came to be rejected.
remained absent and unrepresented.
seeking their discharge only for the offence under Section 307 of IPC. The prosecution has filed objections to the said application. After hearing the arguments both sides, the learned Sessions Judge rejected their application filed under Section 227 of Cr.P.C. by impugned order which is challenged in this petition.
Pleader would contend that in the complaint there is averment that the accused No.1 assaulted with knife on left side of the stomach of the complainant and other accused persons who are with the accused No.1 gave a life threat to the complainant and went away. He contends that the injury certificate of complainant would reveal two lacerated injuries and there is a mention of penetrating injury to the abdomen secondary to stab with knife. The said aspect itself shows that the accused No.1 and other accused Nos.2 to 5, who formed unlawful assembly among them accused No.1 stabbed the complainant with knife making an attempt to cause her death. The said aspect attracts the offence under Section 307 of IPC. With this he prayed to reject the petition.
No.1 made an attempt to assault complainant with knife
on her stomach and assaulted her two times and others abused her and threatened to take her life. The wound certificate of the complainant would reveal that, she has sustained two lacerated wounds on left side of the abdomen. There is also mention in the wound certificate that there is penetrating injury to the abdomen secondary to stab with knife. Even though the injuries stated to be simple in nature, looking to the injury and the portion of the body on which injury is caused, it can be said that it was made with an intention to commit murder.
discharge application by impugned order. There are no grounds for setting aside the impugned order. In the result, the following:
ORDER
The petition is dismissed.
The observations made while passing this order shall
not influence the Sessions Court during trial.
Sd/JUDGE
AC CT:BCK List No.: 1 Sl No.: 15
1 issue framed by the court
Whether the learned Sessions Judge was correct in rejecting the application seeking discharge of petitioners under Section 227 Cr.P.C. for the offence under Section 307 IPC.
3 provisions across 2 enactments
Sayed Nijamuddin Hussain
Sayed Siraz Husaini
Syed Hajihussaini
Syed Zuber Husaini
Syed Gouse Husaini
State of Karnataka
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
