Gururaju v. State by Mandya Rural
Case brief
What is this about?
Karnataka High Court, Bengaluru; CRL.A No. 791 of 2013; decided 24.01.2025 by Justice V Srishananda; appeal under Section 374(2) Cr.P.C. against conviction under Sections 324 and 326 IPC by I Addl. S.J., Mandya in S.C.No.112/2012; amicable settlement between accused and injured cousin (P.W.4 Muthuraj); reliance on Ramgopal v. State of Madhya Pradesh (2022) 14 SCC 531; grievous hurt under Section 326 IPC not proved absent x-ray film/radiological certificate; conviction scaled down from Section 326 to Section 324 IPC; acquittal under Section 326 IPC; sentence modification - 15 days custody treated as imprisonment; fine enhanced to Rs.10,000/- (total Rs.10,500/-) payable by 28.02.2025 else simple imprisonment six months; Rs.10,000/- compensation to injured from fine; Rs.500/- to State; appeal partly allowed.
What did the court decide?
Criminal Appeal allowed in part: appellant acquitted under Section 326 IPC; conviction under Section 324 IPC maintained; sentence modified - fifteen days' custody already undergone treated as period of imprisonment; fine enhanced by Rs.10,000/- in addition to the trial court fine of Rs.500/- (in all Rs.10,500/-), payable on or before 28th February 2025, failing which the appellant shall undergo simple imprisonment for six months; Rs.10,000/- out of the fine to be paid as compensation to the injured-P.W.4 Muthuraj under due identification, and the balance Rs.500/- appropriated towards defraying expenses of the State; Office directed to return Trial Court Records along with copy of the Judgment.