Cross-appeals by the victim and convicted accused from a sessions conviction under Sections 341, 504, 506-II and 325 r/w 34 IPC. Parties, neighbours living cordially, sought compounding; the High Court permitted it with leave and set aside the conviction.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2024 PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.320/2014 (C) C/W CRIMINAL APPEAL NO.158/2014 (C)
CRL.A.NO.320/2014
BETWEEN:
LAKSHMANA S/O GANGAMADAIAH AGED ABOUT 39 YEARS OCC: DRIVER YELLAIAHNAPALYA KUNIGAL TALUK TUMKUR DISTRICT – 572 130 … APPELLANT
(BY SRI.K A CHANDRASHEKARA, ADVOCATE)
AND:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
S/O MADAIAH AGED ABOUT 40 YEARS YELLAIAHNAPALYA KUNIGAL TALUK
TUMKUR DISTRICT – 572 130
KUNIGAL POLICE STATION
TUMKUR DISTRICT – 572 130 … RESPONDENTS
(BY SRI.H V DEVARAJU, ADVOCATE FOR R1 & R2; SRI.VIJAYA KUMAR MAJAGE, SPP-II FOR R3)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 03.02.2014 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUMKUR IN S.C.NO.223/2012 AND CONVICT THE RESPONDENTS/ACCUSED NOS.1 AND 2 FOR THE OFFENCE PUNISHABLE UNDER SECTION 307 READ WITH SECTION 34 OF IPC.
CRL.A.NO.158/2014
BETWEEN:
1 . SRI MAHADEVA S/O SRI. MADAIAH AGED ABOUT 40 YEARS YALLAIAHNAPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT TUMKUR – 572 130
2 . SMT.LALITHA W/O THOPEGOWDA AGED ABOUT 34 YEARS YALLAIAHNAPALYA HUTHRIDURGA HOBLI KUNIGAL TALUK, TUMKUR DISTRICT TUMKUR – 572 130 … APPELLANTS
(BY SRI.H V DEVARAJU, ADVOCATE)
AND:
STATE OF KARNATAKA BY KUNIGAL POLICE TUMKUR DISTRICT TUMKUR – 572 130 … RESPONDENT
(BY SRI.VIJAYAKUMAR MAJAGE, SPP-II)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED:03.02.2014 PASSED BY THE PRINCIPAL
NC: 2024:KHC:29931-DB CRL.A No.320/2014 C/W CRL.A No.158/2014
DISTRICT AND SESSIONS JUDGE, TUMKUR IN S.C.NO.223/2012 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 504, 506 PARTII AND 325 R/W SEC. 34 OF IPC.
THESE CRIMINAL APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)
Crl.A.No.320/2014 is by the victim. Crl.A.No.158/2014 is
by the accused. Before the Trial Court accused Nos.1 and 2 were charged for the offences punishable under Sections 341, 504, 506, 307 read with Section 34 IPC.
Court has acquitted the accused for the offence punishable under Section 307 read with Section 34 IPC and convicted them for the offences punishable under Sections 341, 504, 506-II, 325 read with Section 34 IPC.
NC: 2024:KHC:29931-DB CRL.A No.320/2014 C/W CRL.A No.158/2014
compoundable by the parties. Only offence under Section 325 IPC is compoundable with the leave of the Court.
they are living cordially, therefore, PW.1 has voluntarily agreed for compounding the offences. The incident said to have taken place in the year 2011. Accused have faced the proceedings for
about 13 years. PW.1 submits that he is not in any way threatened or induced.
ORDER
Crl.A.No.320/2014 is dismissed as not pressed.
Crl.A.No.158/2014 is allowed.
Offences punishable under Sections 341, 504, 506-II, 325 read with Section 34 IPC are compounded by PW.1/victim and appellants. Consequently, the impugned judgment and order of conviction and sentence for the said offences is hereby set aside.
I.A.No.1/2024 stood disposed of accordingly.
Sd/(K.S.MUDAGAL) JUDGE
Sd/(VENKATESH NAIK T) JUDGE
PKN
List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the victim's application to compound offences under Sections 341, 504, 506-II and 325 r/w Section 34 IPC should be permitted with leave of the Court.
4 provisions across 2 enactments
Lakshmana
Mahadeva
Lalitha
The State of Karnataka by the Police of Kunigal Police Station
K.S.Mudagal
Venkatesh Naik T
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
