- 1 - HC-KAR NC: 2025:KHC-K:3732 CRL.A No. 200171 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL APPEAL NO.200171 OF 2021 (374(Cr.PC)/415(BNSS)) BETWEEN: 1. SHARANAPPA S/O HANAMANTH CHIKKAJEWARGI, AGE: 20 YEARS, OCC: DRIVER OF TUM-TUM. 2. SHARANABASU @ SHARANABASAPPA S/O MUKAPPA TELAGERI, AGE: 38 YEARS, OCC: TRACTOR DRIVER, 3. ABHIMAN S/O MUKAPPA TALAGERI, AGE: 35 YEARS, OCC: AGRICULTURE, BOTH R/O NARIBOL VILLAGE, TQ. JEWARGI, DIST. KALABURAGI-585310. …APPELLANTS (BY SRI S. B. SANGOLAGI, ADVOCATE) AND: THE STATE THROUGH, JEWARGI POLICE STATION, TQ. JEWARGI, DIST. KALABURAGI, (REPRESENTED BY LEARNED, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT KALABURAGI-585105). …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3732 CRL.A No. 200171 of 2021 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374 (2) OF CR.P.C. PRAYING TO ALLOW THE APPEAL AND BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 19.08.2021 IN S.C. NO.140/2019 BY THE LEARNED I ADDITIONAL DISTRICT & SESSIONS JUDGE AT KALABURAGI. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri S.B. Sangolagi, learned counsel for the appellants and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State. 2. This appeal is by the accused, who suffered an order of conviction in S.C.No.140/2019, on the file of the I Additional Sessions Judge, Kalaburagi by judgment dated 19.08.2021. 3. Facts in the nutshell are as under: - 3 - HC-KAR NC: 2025:KHC-K:3732 CRL.A No. 200171 of 2021 The appellants are chargesheeted for the offences punishable under Sections 504, 323, 324, 307 and 506 read with Section 34 of the Indian Penal Code and after due trial, they were convicted and sentenced as under: “Accused Nos.1 to 3 are hereby convicted for one month simple imprisonment for the offence punishable U/sec.504 R/w Sec.34 of I.P.C. with fine amount of Rs.1,000/- each and in default of payment of fine amount, they shall under go simple imprisonment for a period of one week. Accused Nos.1 to 3 are hereby convicted for one month simple imprisonment for the offence punishable U/sec.323 R/w Sec.34 of I.P.C. with fine amount of Rs.1,000/- each and in default of payment of fine amount, they shall under go simple imprisonment for a period of one week. Accused Nos.1 to 3 are hereby convicted for one month simple imprisonment for the offence punishable U/sec.506 R/w Sec.34 of I.P.C. with fine amount of Rs.1,000/- each and in default of payment of fine amount, they shall under go simple imprisonment for a period of one week. - 4 - HC-KAR NC: 2025:KHC-K:3732 CRL.A No. 200171 of 2021 Accused Nos.1 to 3 are hereby convicted for two months simple imprisonment for the offence punishable U/sec.324 R/w Sec.34 of I.P.C. with fine amount of Rs.2,000/- each and in default of payment of fine amount, they shall under go simple imprisonment for a period of two weeks. Accused Nos. 1 to 3 are hereby convicted for five years rigorous imprisonment for the offence punishable U/sec.307 R/w Sec.34 of I.P.C. with fine amount of Rs.10,000/- each and in default of payment of fine amount, they shall under go simple imprisonment for a period of one year. Accused Nos.1 to 3 are entitled for right of set off the period of judicial custody undergone during the period of trial as provided under the provisions of Sec.428 of Cr.P.C. All the sentences shall run concurrently. Acting Under section 357(3) of Cr.P.C. out of the fine amount of Rs.45,000/- I hereby award a compensation of Rs.40,000/- to CW.4 Suryakant. The accused are hereby directed to deposit the said fine amount within 30 days and if they fails to do so within 30 days, then CW.4 Suryakant is at liberty to approach the concerned D.L.S.A in seeking compensation amount, available under section 357(A) of Cr.P.C. The concerned Secretary of the - 5 - HC-KAR NC: 2025:KHC-K:3732 CRL.A No. 200171 of 2021 D.L.S.A is hereby directed to conduct the proper enquiry and to grant compensation amount for the injuries sustained by the injured, because of the act of the accused.” 4. Among the other grounds urged in the appeal memo, Sri S.B. Sangolagi, learned counsel for the appellants invited the attention of this Court that recording of the accused statements by the learned Trial Judge is not in accordance with law and it is the important stage in the criminal trial. Therefore, for want of proper procedure in conducting sessions trial has resulted in miscarriage of justice and thus sought for allowing the appeal. 5. On perusal of the record, Sri Jamadar Shahabuddin, learned High Court Government Pleader submits that may be due to rush of work, the learned Trial Judge has not properly recorded the accused statements and therefore, it is only the irregularity and sought for dismissal of the appeal. - 6 - HC-KAR NC: 2025:KHC-K:3732 CRL.A No. 200171 of 2021 6. Having heard the arguments on both sides, this Court perused the material on record meticulously, especially, the accused statements. Only with regard to accused No.1, learned Trial Judge has recorded the answers to the questions and with regard to the remaining accused, no answers were recorded by the learned Trial Judge which has resulted in grave injustice. 7. It is settled principles of law and requires no emphasis that recording of accused statement in a criminal trial is not a mere formality but it would serve duly purpose. 8. Firstly, it affords an opportunity for the accused to have the explanation to the incriminatory circumstances. Secondly, it would afford an opportunity for the accused to place his version about the incident. 9. In the case on hand, the learned Trial Judge did not choose to record the answers to fourty one questions in respect of accused Nos.2 and 3 and has also obtained - 7 - HC-KAR NC: 2025:KHC-K:3732 CRL.A No. 200171 of 2021 the left thumb impression of accused Nos.2 and 3 on the blank answers. Besides, he has subscribed his signatures on those statements as well. That is not the purpose and object of recording the accused statement. 10. Therefore, there is sufficient force in the arguments put forth on behalf of the appellants that the concept of fair trial has not been done in the case on hand requiring the exercise of the above appeal in this Court and remitting the matter to the Trial Court for fresh disposal in accordance with law from the stage of recording the statements of accused Nos.2 and 3, would meet the ends of justice. 11. Accordingly, the following: ORDER (a) The Criminal Appeal is allowed. (b) The impugned judgment of conviction and order of sentence dated 19.08.2021, passed by the I Additional Sessions Judge, - 8 - HC-KAR NC: 2025:KHC-K:3732 CRL.A No. 200171 of 2021 Kalaburagi in S.C.No.140/2019 is hereby set aside. (c) The matter is remitted to the Trial Court for fresh disposal from the stage of recording of accused statement of accused Nos.2 and 3/appellant Nos.2 and 3 and after hearing arguments afresh, dispose of the case in accordance with law. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 55 CT:PK