Partly allowed

Sri Rudrappa v. State of Karnataka

Karnataka HC5 Sept 2024CRL.A/506/2012

Case brief

AI extract

What is this about?

Appeal against conviction under Section 324 IPC for stone assault on an injured complainant during a civil dispute. Conviction confirmed; imprisonment already undergone held sufficient given appellant's age, fine and default sentence unaltered.

What did the court decide?

Conviction confirmed; sentence of imprisonment already undergone held sufficient; fine of Rs.2,000 and default sentence unaltered.

Sri Rudrappa Vs State of Karnataka — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC:36506 CRL.A No. 506 of 2012

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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CRIMINAL APPEAL NO. 506 OF 2012

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BETWEEN:

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SRI RUDRAPPA S/O LATE NAGAPPA AGED ABOUT 65 YEARS AGRICULTURIST R/AT SIDDLIPURA VILLAGE SHIVAMOGA TALUK SHIVAMOGA DISTRICT.

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…APPELLANT

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(BY SRI.GIRISH N.R., ADVOCATE FOR SRI. H K KENCHEGOWDA., ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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STATE OF KARNATAKA BY CHANNAGIRI POLICE DAVANAGERE DIST, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL OF KARNATAKA HIGH COURT BUILDING BANGALORE-560001.

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…RESPONDENT

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(BY SRI. K.RAHUL RAI., HCGP)

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THIS CRL.A. IS FILED U/S. 374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED BY THE LEARNED PRL. DIST., AND SESSIONS JUDGE, DAVANAGERE IN S.C.NO.87/2008 DATED 24.03.2012- CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 324 OF IPC AND ETC.

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2 - NC: 2024:KHC:36506 CRL.A No. 506 of 2012

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THIS APPEAL IS COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL JUDGMENT

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This appeal is preferred against the Judgment and Order dated 24.03.2012 passed by the Principal District and Sessions Judge, Davanagere in S.C.No.87/2008 thereby convicting the appellant/accused No.1 for the offence punishable under Section 324 of IPC.

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The trial Court has sentenced accused No.1 to undergo simple imprisonment for a period of two years and to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo simple imprisonment for a period of three months.

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Heard the learned counsel for appellant, the learned High Court Government Pleader for respondent/State and perused the material on record.

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It is the case of prosecution that on account of a civil dispute, on 12.03.2008 at 11.00 a.m., all the accused forming an unlawful assembly with a common object of

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3 - NC: 2024:KHC:36506 CRL.A No. 506 of 2012

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committing the murder of Halasiddappa/PW1, assaulted him with stones and caused injuries to him and also posed life threat to him.

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Charge sheet was filed against accused Nos.1 to 5 for the offence punishable under Sections 143, 147, 148, 323, 307, 504, 506, 324 r/w 149 of IPC.

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The trial Court framed charges against the accused persons for the aforementioned offences for which they pleaded not guilty and claimed to be tried.

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Before the trial Court, prosecution examined 13 witnesses and got marked 6 documents and MOs.1 to 5.

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Appreciating the oral and documentary evidence on record, the trial Court came to the conclusion that the prosecution has not established the guilt of accused Nos.2 to 5 and accordingly, acquitted them, however found accused No.1 guilty of the offence punishable under Section 324 of IPC and acquitted him of other charged offences.

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The incident took place on 12.03.2008 at about 11.00 a.m. Statement of the injured was recorded from the

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4 - NC: 2024:KHC:36506 CRL.A No. 506 of 2012

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hospital by the PSI-PW11. After registering the case, he seized the blood stained clothes of the injured under a mahazar-Ex.P2, prepared the spot mahazar and seized a bag containing stones and seized MOs.4 and 5 under Ex.P3. Investigation was taken over by PW3, who after receiving the articles from the FSL and the wound certificate-Ex.P5 pertaining to the injured, filed charge sheet.

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Complainant-injured is examined as PW1. His evidence insofar as accused No.1 assaulting him with stone is not shaken in the cross-examination. Though it is the specific case of the prosecution that all the accused formed an unlawful assembly and came to the spot with a common object of committing the offence, the trial Court after appreciating the entire evidence on record has come to the conclusion that the evidence against other the accused persons are insufficient to convict them.

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In the complaint itself it is stated that, one M.Thippeswamy, Thyagaraja, Shivanandappa, Chiradoni Veerabhdrappa and others pacified the quarrel. The prosecution has got examined the eye witnesses namely PWs.2, 4, 6 and 7.

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5 - NC: 2024:KHC:36506 CRL.A No. 506 of 2012

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They have consistently spoken about accused No.1 assaulting the injured PW1 with a stone. There is nothing elicited in their cross-examination to disbelieve their evidence. They have not spoken about the assault made by other accused persons. Further, PW5-brother of PW1 has stated that immediately after the incident he went to the hospital to see his injured brother and at that time his brother told him that accused No.1 has assaulted him with a stone.

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Blood stained clothes and a towel (MOs.1 to 3) of PW1 have been seized under a mahazar-Ex.P2, which confirms that PW1 sustained bleeding injuries. Ex.P6 is the FSL report, as per which, the clothes of the injured sent for examination were stained with human blood of ‘B’ group.

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PW1 was treated by the Doctor-PW12. He has deposed that on 12.03.2008 at about 11.15 a.m., the injured was brought to the hospital for treatment with a history of assault and he noticed the injuries. He has issued wound certificate, Ex.P5. As per the wound certificate, injured has sustained the following injuries:

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NC: 2024:KHC:36506 CRL.A No. 506 of 2012

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An incised wound 7cm x 2cm extending from lower end of nose to the upper lip.

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Upper lip incised into 3 pieces.

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Incised wound 5cm x 3cm over occipital area.

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Blunt injury head.

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PW12 has stated that such injuries could be caused, if assaulted with stones. As per wound certificate, the injuries are simple in nature.

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Learned counsel for the appellants has contended that on account of a civil dispute, the complainant has falsely implicated the accused persons and all the witnesses are interested witnesses and therefore, their evidence cannot be believed. The said contention cannot be accepted because PW1 is an injured witness and his evidence is corroborated by the medical evidence. He was immediately shifted to the hospital wherein, he was treated by PW12 who issued the wound certificate-Ex.P5. There is no reason to disbelieve the evidence of PW1 and the medical evidence. PWs.4, 6 and 7 have consistently stated that the injured was assaulted by accused No.1 with stones. Hence, the reasons assigned by the trial

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NC: 2024:KHC:36506 CRL.A No. 506 of 2012

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Court for convicting accused No.1 for the offence under Section 324 of IPC is in accordance with law.

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The incident is of the year 2008. Learned counsel for the appellant submitted that the appellant is now aged about 80 years. He submits that no untoward incident has taken place subsequent to the incident in question. He has therefore sought to take a lenient view in the matter.

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Section 324 of IPC is punishable with imprisonment which may extend to 3 years or with fine or both. Appellant was in custody from 12.03.2008 to 13.05.2008 i.e., for a period of two months. Considering that 16 years have lapsed and considering the age of the appellant, the period of imprisonment already undergone by the appellant can be held sufficient. Hence, the following:

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ORDER

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i. Appeal is allowed-in- part.

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ii. The Judgment and Order dated 24.03.2012 passed by the Principal District and Sessions Judge, Davanagere in S.C.No.87/2008 convicting the appellant/accused No.1 for the offence punishable under Section 324 of IPC is hereby

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8 - NC: 2024:KHC:36506 CRL.A No. 506 of 2012

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confirmed. The sentence imposed by the trial Court is modified

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as under:

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a. Sentence of imprisonment already undergone by

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the appellant is held to be sufficient.

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b. Fine amount and the default sentence for non-payment of fine is unaltered.

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Sd/- (MOHAMMAD NAWAZ) JUDGE

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TL List No.: 1 Sl No.: 28

Sri Rudrappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Rudrappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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