AI Structured Summary
Not yet generated for this judgment
Judgment
B.V. Pinto, J.—This appeal it filed by the accused challenging the judgment dated 25.9.2004 passed in S.C. No. 112/2000 by the Additional Sessions Judge and the Presiding Officer, Fast Track Court - III, Hassan, convicting the Appellants for the offences punishable under Sections 326, 323 and 324 r/w Section 34 of IPC and sentencing them to pay fine of Rs. 500/- each in default, to undergo simple imprisonment for 15 days for the offence u/s 323 r/w. 34 of IPC and further sentencing them, to suffer simple imprisonment for six months and to pay fine of Rs. 500/-. each, in default, to undergo simple imprisonment for 15 days for the offence punishable u/s 324 r/w. 34 of IPC and farther sentencing them to undergo rigorous imprisonment for three years and pay fine of Rs. l,000/-to default to suffer simple imprisonment for 20 days for the offence punishable u/s 326 r/w, 34 of IPC.
It is the case of prosecution that on 6.7.1999 at about 8-00 p.m. in Yeleyur Koppalu Village of Dhandiganahalli Hobli, Channarayapatna Taluk, there was a. quarrel between one Dodde Gowda and Range Gowda in respect of the damage caused to the borewell which was erected through the lands of the complainant Dodde Gowda and in that process, accused No. 1 assaulted CW-1 Dodde Gowda on the back of his right shoulder and on his right arm and also caused injury to one Manje Gowda on his left ribs, thereby they are alleged to have committed an offence u/s 326 r/w. 34 of IPC. It is further alleged that on the said place, date and time, the accused No. 2 quarreled and assaulted CWs.1 and 2 and CW.15 Byre Gowda, by means of an iron blade and caused grievous injuries on his right hand, thereby, they are alleged to have committed an offence u/s 324 r/w. 34 of IPC-. Thirdly, it is alleged that on the said place, date and time, accused No. 3 assaulted Byre Gowda with his hands and caused him pain and first accused also assaulted Range Gowda with his hands on his right ribs thereby they are alleged to have committed offence u/s 323 r/w, 34 of IPC. It is further charged against accused that by causing injuries on Dodde Gowda on his right ribs with an intention to commit his murder, they have committed an offence u/s 307 r/w. Section 34 of IPC,
The prosecution, in order to prove the case has examined 21 witnesses and got marked Exs.P-1 to P-25 and produced M.Cs, 1 to 7.
The defence of accused was one of total denial. After hearing the. prosecution and the defence, the learned Sessions judge was pleased to convict the accused/ Appellants for the offences mentioned above white acquitting them of the offence u/s 307 r/w. Section 34 of IPC. The convicted accused have fifed this appeal.
Heard Sri K.V. Narasimhan, learned Counsel for accused/Appellants and Sri Vijay Kumar Majage, learned High Court Government Pleader.
The learned Counsel for Appellants submits that there is absolutely no intention on the part of the accused to cause injuries to either PW-1 or PW-2 or the other injured persons in this case, The incident has happened on the background of formation of a read for the benefit of villagers and that the properties of either accused Nos. 1, 2 or 3 is not adjacent to the place where the road is farmed nor near the place where the incident has happened. The incident has happened on the background of the Zilla Ranchayath bringing & J.C.M and doing the road formation work, when J.C.B had damaged the corewell pump of CW-2 Range Gowda, Under the circumstances he submits that no offences are committed and the accused are entitled for an order of acquittal.
The learned High Court Government Pleader on the other hand, submits that there are as many as five injured persons, who have spoken regarding the incident as eye witnesses. He has further submitted that FW-8 Dr. A.S. Manjunatha has certified that PWs. 1, 3, 4, 10 and 11 have suffered injuries in the incident and that tine nature of injuries caused on PW- 1. are such that the same were likely to cause the death of PW-1, However, the learned Sessions Judge has convicted the accused for an offence u/s 326 of IPC for having caused grievous injuries to PW-11 Manje Gowda and hence he submits that order of conviction may be sustained and the appeal may be dismissed.
the prosecution in this case commenoed with the filing of complaint by PW-1 Dodde Gowda before Channaratyapatna Police Station on 6.7.1999 at about 11.40 p.m. which complaint was recorded in the Government Hospital at Channarayapatna by the police.
It is stated in the complaint that the complainant is eking his livelihood by agriculture and he has erected one borewell in his property and towards east side of the said borewell, he had been to put water to his lands along with. PW-10 Byre Gowda on 6.7.1999 at about 8.00 p.m. They have observed that accused No. 1 had operated one J.C.B. and had damaged the pipes leading to the fields from the borewall Accused No. 2 Suresh and accused No. 3 Hanjunda were also there at the place of incident When they asked accused No. 1 as to why he has plucked the pipes, accused No. 1 suddenly came for fighting and assaulting Dodde Gowda, on his right shoulder and also on his back near the right shoulder by means of a knife, He started bleeding. At that time, his brother Byre Gowda came to support him, At that time, Suresh assaulted his brother by means of a blade and caused injurise to his hands which also started bleeding. Both of them raised cries. At that time, one Rajanna and Manje Gowda their village came running and the accused caused injuries on Rajanna on his left ribs by means of a knife and Manje Gowda on his right aide of stomach. Thereafter, they were again supported by Range Gowda, At that time, accused No. 1 assaulted Range Gowda on his bright ribs and caused his pain. At that time, villagers by name Bore Gowda, Krishne Gowda, Nagesha and others came and pacified the accuse and they were thereafter taken to the Channarayapatna Hospital. He has sought for action against accused Nos. 1 and 2 in the said complaint
Based on the said complaint, the police registered a case in Crime No. 181/1999 and after investigation filed a charge sheet for offences punishable under Sections 323, 324, 307 r/w. 34 of IPC. PW-1 his reiterated the contents of complaint before the Court. However, he has stated the then is no enmity between himself and accused and that himself and accused were in good terms before the incident. He has further admitted that his property is not in the neighborhood of the seen of occurrence. However, he has struck to his version regarding the assault by accused Nos. 1 and 2 on himself and other witnesses.
PW-2, Latitha is the wife of PW-10. She has produced the shirt - M.O.4 belonging to her husband as per Ex.P-3, Seizure Mahazar. PW-3, Range Gowda is another injured witness.
He has also stated regarding the quarrel between accused and himself and the assault caused on him by the accused 1 sad 2 and also presence of accused No. 3 at the scene of occurrence He has also stated that accused belong to the place where the incident happened and the quarrel started only because of the road formation, damaging the water pipes of the pump of PW-1.
PW-4, Rajanna is another injured witness. His evidence is also similar to that of PWs, 1 and 3,
PW-5, Mohana is yet another eye witness who has also supported the case of the prosecution.
FW-6, Nagesha has also stated regarding the assault by accused No. 1 Puttaraju on PW-1. He has also identified the weapon used by the accused.
PW-7, has arrested accused No. 3, Nanjundegowda and produced, him before the Investigating Officer,
PW-8, Dr. A.S. Manjunatha has stated that he has examined PWs. 1, 3, 4, 10 and 11 on the date of incident and issued certificates as per Exs.P-5 to P-9. He has stated that the injuries suffered by PW- 11 grievous in nature and the injuries suffered by other injured are simple in nature.
PW-9, B.C. Manjegowda is the A.S.I., who has registered F.I.R on recording the statement of PW-1 in the hospital and has conducted part of investigation,
PWs.10 and 11, Byregowda and Manjegowda, respectively are injured eye witnesses who have also reiterated the version of PWs.1 and 3.
PW-12, Rajesh is the signatory to Ex.P-3, which is the seizure mahazar.
PW-13. Y.K. Shankoregowda is the signatory to Ex.P-15 which is seizure mahazer of cloths.
PW-14, H.Y. Jagadeesh is the Inspector of Police who had conducted the part of investigation and has filed charge sheet in this case.
FW-15, Manjegowda is another eye witnesses who has stated that accused No. 1 was holding knife (M.O.3) and accused No. 2 was holding blade (M.O.2) on the date of offence.
PW-16, Ganesha is yet another eye witness. He is the son of PW-4, Rajanna.
PW.17, Puttegowda and PW-18, Manjegowda have turned hostile to the case of prosecution.
PW-19, Ramesha is the panch witness to Ex.P-2, Seizure mahazer of M.O.4 (shirt).
PW-20, T. Nataraj, P.S.I of Chickmagalur police, has conducted the investigation arrested accused, seized the articles, summoned the wound certificates and handover further investigation to PW-14.
PW-21, Chandrashekaraiah is the A.S.I, who has secured the F.S.L Reports and produced it before the Court.
On perusal of the entire records, more particularly, the evidence of injured and eye witnesses, PWs.1, 3, 4, 10, 11, 12, 15 and 16, it is clear that accused Nos. 1 and 2 have in fact taken part in the incident and, have caused injuries to five persons. However, in so far as accused No. 3 is concerned in the complaint itself no specific overt acts are alleged againat him and the complaint is directed only against accused Nos. 1 and 2, Therefore, I am of the opinion, that accused No. 3 is entitled for an order of acquittal only on the basis that no overt acts are alleged against him. Hence, the order of conviction passed against accused No. 3 is hereby set aside.
In 80 far as accused Nos. 1 and 2 are concerned, they are convicted with the aid of Section 34 of IPC for an offence u/s 326 of IPC, The evidence of PW-8 Dr. S.S. Manjunatha does not specify as to how he come to the conclusion that PW-II, Manjegowda has sustained grievous injuries, Ex.P-9 issued by PW-8 only states that there is a stab injury over the right hypochondiac region. Neither the certificate nor his evidence before the Court'' specifies as to how injury sustained by Manjegowda (FW-11) is grievous in nature, Therefore, the injuries mentioned in EX.P-9 do not attract the definition of "grievous hurt" as defined u/s 320 of IPC, Therefore, the findings of the learned. Sessions Judge that the accused have committed offence u/s 326 r/w, 34 of IPC is erroneous. On the other hand they are liable to be competed for an offence u/s 324 r/w, Section 34 of IPC.
It is seen that the incident has happened because of the damage of pipelines and the learned Sessions judge has observed that the incident has happened out of provocation. Therefore, the offence committed by the accused fells within Section 334 of IPC and therefore. I am of the opinion that accused Nos. 1 and 2 are liable to be convicted for the said offence
Accordingly, this appeal in allowed in part The order of conviction and sentence passed against accused No. 3 is hereby set aside and he is acquitted of the offences levelled, against him Accused Nos. 1 and 2 are convicted for offence u/s 334 of IPC read with Section 34 of IPC on five counts for having caused injuries to PWs. 1, 3, 4, 10 and 11 and they are sentenced to pay & fine of Rs. 250/- for each of the offences, which means in all, each of the accused are liable to pay fine of Rs. 1,250/- in default, the accused are sentenced to undergo simple imprisonment for a period of 10 day for each of the offences.
The learned Counsel for Appellant submits that accused have deposited the fine amount as ordered by the Sessions Judge Therefore fine in excess of what is ordered in this judgment shall be refunded to the accused. The fine deposited by accused No. 3 is directed to be refunded to him. Bail bonds executed by the accused, is cancelled.