Allowed

Shrishail v. State of Karnataka

Karnataka HC19 Sept 2023CRL.RP/100236/2016

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision petition filed under Section 397 Cr.P.C. challenging conviction and sentence. The Court exercised its inherent powers under Section 482 Cr.P.C. to accept a settlement plea filed by the accused and the aggrieved person. The conviction and sentence were set aside, and the accused were acquitted.

What did the court decide?

Criminal revision petition allowed. Impugned judgment and order of conviction set aside. Petitioners acquitted of offences under IPC.

Shrishail Vs State of Karnataka — Criminal Trial and Appeal | Karnataka HC (2023)

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NC: 2023:KHC-D:10855 CRL.RP No. 100236 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 100236 OF 2016

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BETWEEN:

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SHRISHAIL, S/O PANDITH GONGAGOL, AGE: 25 YEARS, OCC: COOLIE, R/O: HULYAL, TQ: JAMAKHANDI, DIST: BAGALKOTE.

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RAVI, S/O. PANDITH GONGAGOL, AGE: 27 YEARS, OCC: COOLIE, R/O: HULYAL, TQ: JAMAKHANDI, DIST: BAGALKOTE.

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NINGAPPA, S/O. PANDITH GONGAGOL, AGE: 29 YEARS, OCC: COOLIE, R/O: HULYAL, TQ: JAMAKHANDI, DIST: BAGALKOTE.

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CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2023.09.22 15:20:57 +0530

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SMT. SUVARANA, W/O PANDITH GONGAGOL, AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O: HULYAL, TQ: JAMAKHANDI, DIST: BAGALKOTE.

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RUKAMAVVA, D/O PANDITH GONGAGOL, AGE: 30 YEARS, OCC: COOLIE, R/O: HULYAL, TQ: JAMAKHANDI, DIST: BAGALKOTE.

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…PETITIONERS

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(BY SRI. P. N. HOSAMANE, ADVOCATE)

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NC: 2023:KHC-D:10855 CRL.RP No. 100236 of 2016

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AND:

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STATE OF KARNATAKA, REPRESENTED BY PSI RURAL PS JAMAKHANDI, REPT BY SPP, HIGH COURT DHARWAD.

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 AND 401 OF CR.P.C., PRAYING THIS COURT TO, CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED BY THE LEARNED CRIMINAL APPEAL NO. 96/2012 DATED 01/08/2016 BY THE COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE BAGALKOT TO SIT AT JAMAKHANDI BY CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED BY PRINCIPAL CIVIL JUDGE & JMFC JAMAKHANDI, IN CC NO. 243/2011 DATED 17/08/2012 AND ACQUIT THE PETITIONER FOR THE ALLEGED OFFENCE

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioners/accused Nos.1 to 5 and C.W.1 who is the aggrieved person and C.W.6, who is the daughter of C.W.1, and an eye witness to the incident are present before this Court.

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3 - NC: 2023:KHC-D:10855 CRL.RP No. 100236 of 2016

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The compromise petition is filed under Section

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320(5) read with Section 482 of Criminal Procedure Code (for short, “Cr.P.C”) supported by the affidavit of C.W.1 and C.W. 6 are filed.

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Both parties admit the compromise and execution. It is submitted that the parties are not only relatives but also the neighbours. In the light of the said facts they have entered into compromise.

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This is the petition filed under Section 397 of Cr.P.C. by accused challenging the judgment of conviction and sentence in C.C.No.243/2011 for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 354 read with Section 149 of Indian Penal Code (for short, “IPC”) by the trial Court and the same is confirmed by the appellate Court i.e. Sessions Court.

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In light of the provisions of Section 320(5) read

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with Section 482 of Cr.P.C. permission is granted to

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NC: 2023:KHC-D:10855 CRL.RP No. 100236 of 2016

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compromise and the compromise is accepted. In the light

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of the compromise, I proceed to pass the following:

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ORDER

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The criminal revision petition is allowed in terms of compromise.

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The impugned judgment and order of conviction in C.C.No.243/2011 dated 17.08.2012 on the file of the Principal Civil Judge and JMFC at Jamakhandi, which is confirmed in Criminal Appeal No.96/2012 dated 01.08.2016, on the file of the I Additional District and Sessions Judge Bagalkot to sit at Jamakhandi, are set aside.

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Petitioners/accused Nos.1 to 5 are acquitted of the offences punishable under Sections 143, 147, 148, 323, 324, 504, 354 read with Section 149 of IPC.

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Sd/JUDGE

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AC List No.: 1 Sl No.: 45

Shrishail v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shrishail v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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