- 1 - HC-KAR NC: 2025:KHC:24465 CRL.A No. 419 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL APPEAL NO. 419 OF 2013 (C) BETWEEN: 1. SUDARSHAN AGED ABOUT 52 YEARS S/O SADANANDA R/AT ADJIL AROOR VILLAGE-576213 2. SUBHASH NAIKA AGED ABOUT 30 YEARS S/O BABUNANDA NAIKA R/AT AT ADJIL AROOR VILLAGE-576213 3. NAYANESH AGED ABOUT 28 YEARS S/O BABUNANDA NAIKA R/AT AT ADJIL AROOR VILLAGE-576213 4. SANTHOSH AGED ABOUT 24 YEARS R/AT ADJIL AROOR VILLAGE-576213 5. SUNANDA BAI, AGED ABOUT 54 YEARS W/O BABUNANDA NAIKA R/AT ADJIL AROOR VILLAGE-576213 Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24465 CRL.A No. 419 of 2013 6. NALINI AGED ABOUT 39 YEARS S/O SUNDARSHAN NAIRY R/AT ADJIL AROOR VILALGE-576213 …APPELLANTS (BY SRI. STEEPHEN MATHEW, ADVOCATE FOR SRI. P. KARUNAKAR, ADVOCATE) AND: THE STATE BY BRAHMVAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR ATTACHED TO THE OFFICE OF ADVOCATE GENERAL HIGH COURT, BANGALORE-560001 …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.A. IS FILED UNDER SECTION 374(2) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED: 21.03.2013 PASSED BY THE DISTRICT AND SESSIONS JUDGE, UDUPI IN S.C NO.86/2009 - CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 448, 307, 326 READ WITH SECTION 149 OF IPC AND THE APPELLANTS/ACCUSED ARE SENTENCED TO SUFFER 3 YEARS IMPRISONMENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 148 READ WITH SECTION 149 OF IPC AND FINE OF RS.1,000/- EACH AND THE APPELLANTS/ACCUSED ARE SENTENCED TO SUFFER IMPRISONMENT FOR A PERIOD OF ONE YEAR WITHOUT FINE FOR THE OFFENCES PUNISHABLE UNDER SECTION 448 READ WITH SECTION 149 OF IPC AND THE APPELLANTS/ACCUSED ARE SENTENCED TO SUFFER IMPRISONMENT FOR A PERIOD OF 12 YEARS FOR THE OFFENCE PUNISHABLE UNDER SECTION 307 READ WITH SECTION 149 OF IPC AND THE APPELLANTS/ACCUSED ARE SENTENCED TO SUFFER IMPRISONMENT FOR A PERIOD OF 7 YEARS WITHOUT ANY FINE FOR THE OFFENCE PUNISHABLE - 3 - HC-KAR NC: 2025:KHC:24465 CRL.A No. 419 of 2013 UNDER SECTION 326 READ WITH SECTION 149 OF IPC. ALL THE SENTENCES SHALL RUN CONCURRENTLY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL JUDGMENT Accused Nos.1 to 6 in S.C. No.86/2009 on the file of the learned District and Sessions Judge, Udupi District, are impugning the judgment of conviction and order of sentence dated 21.03.2013, convicting them for the offences punishable under Sections 143, 147, 148, 448, 307, 326 read with Section 149 of the Indian Penal Code (for short 'IPC') and sentencing them to undergo imprisonment for 3 years and to pay fine of Rs.1,000/- each for the offence punishable under Section 148 read with Section 149 of IPC; sentencing them to undergo imprisonment for a period of 1 year for the offence punishable under Section 448 read with Section 149 of IPC; sentencing them to undergo imprisonment for a period of 12 years for the offence punishable under Section 307 read with Section 149 of IPC and sentencing them to undergo imprisonment for a period of seven years for the offence punishable under Section 326 read with Section 149 of IPC, with default sentences. - 4 - HC-KAR NC: 2025:KHC:24465 CRL.A No. 419 of 2013 2. Brief facts of the case as made out by the prosecution is that, accused Nos.1 to 7 with the common object of assaulting PW.1, formed themselves into an unlawful assembly, armed with clubs gained illegal entry into his house on 08.01.2009 at 11.15 p.m. by knocking the door. They have dragged PW.1 out of the house and assaulted him. While accused Nos.1 to 3 assaulted PW.1 with club, the other accused assaulted him with hands and kicked him with legs. After hearing the hue and cry, PWs.2 and 3 being his father and mother rushed to the spot. The accused have assaulted them as well, with an intention to cause their death. PW.2 sustained grievous injuries. Accused have ran away from the scene of occurrence after assaulting PWs.1 to 3 and thereby, they have committed the offences. 3. It is the further contention of the prosecution that the injured PWs.1 to 3 were initially taken to Mahesh Hospital at Brahmavara, where they got the initial treatment. On the next day morning, they got shifted to Adarsha Hospital. Police intimation was given regarding medico-legal case. The statement of PW.1 was recorded by the Police and on the basis of same, FIR as per Ex.P22 was registered. Accused were - 5 - HC-KAR NC: 2025:KHC:24465 CRL.A No. 419 of 2013 apprehended. The investigation was completed and the charge sheet came to be filed alleging commission of the offences as stated above. 4. Learned Magistrate took cognizance of the offences and committed the matter to the Sessions Court. The accused appeared before the Trial Court, pleaded not guilty for the offences alleged against them and claimed to be tried. The prosecution examined PWs.1 to 12 and got marked Exs.P1 to P39 and identified M.O. Nos.1 to 7 in support of its contention. Accused No.2 got himself examined as DW1 and got marked Exs.D1 to 3 during cross-examination of the prosecution witnesses. The Trial Court after taking into consideration all these materials on record, came to the conclusion that the prosecution is successful in proving the guilt of accused Nos.1 to 6 beyond reasonable doubt. Accordingly, convicted accused Nos.1 to 6 and sentenced them, while acquitting accused No.7. Being aggrieved by the same, accused Nos.1 to 6 are before this Court. 5. Heard Sri Steephen Mathew, learned counsel appearing on behalf of Sri P. Karunakar, learned counsel for - 6 - HC-KAR NC: 2025:KHC:24465 CRL.A No. 419 of 2013 appellants and Smt. Rashmi Jadhav, Additional State Public Prosecutor for the respondent – State. Perused the materials on record including the Trial Court records. 6. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is as under: "Whether the appellants have made out any grounds to interfere with the impugned judgment of conviction and order of sentence passed by the Trial Court?" My answer to the above point is in the 'Negative' for the following: REASONS 7. It is the specific contention of the prosecution that accused Nos.1 to 3 were having motive against PW.1 as they suspected that it was PW.1 who had given some information to the police against them. Therefore, on the date of incident in the night around 11.15 p.m., they formed themselves into an unlawful assembly with the common object of assaulting PW.1. Accused Nos.1 to 3 were armed with clubs and came to the house of PW.1. When PW.1 opened the door, they dragged him - 7 - HC-KAR NC: 2025:KHC:24465 CRL.A No. 419 of 2013 out of the house and assaulted with clubs, hands and kicked him with legs. PW.1 raised hue and cry and his father – PW.2 and mother – PW.3 came rushing to the spot and intervened. The accused have assaulted PWs.2 and 3 as well and fled from the scene of occurrence in an Auto rickshaw. The injured came to Mahesh hospital where PW.12 had taken their X-rays and found that PW.2 had sustained fracture of temporal bone. The injured was shifted to Adarsha hospital on the next day morning which issued the Medico-legal Case (MLC) intimation. After receiving MLC intimation, the police came and recorded the statement of PW.1 as per Ex.P1, where PW.1 specifically stated about the overt act committed by the accused with an intention to cause his death. On the basis of same, FIR – Ex.P22 came to be registered. 8. Ex.P6 is the wound certificate pertaining to PW.2, according to which, he sustained two injuries out of which one is closed head injury with right temporal bone fracture which was grievous in nature. Ex.P12 is the wound certificate pertaining to PW.1, according to which, he sustained two simple injuries. Ex.P14 is the wound certificate pertaining to PW.3 who sustained one grievous injury i.e. lacerated wound - 8 - HC-KAR NC: 2025:KHC:24465 CRL.A No. 419 of 2013 exposing the left elbow joint measuring about 3 inches and injury Nos.2 to 8 were simple in nature. X-rays pertaining to the injuries are as per Exs.P27 to P34. 9. PW.4 is the Doctor working at K.M.C., Manipal who examined PW.2 and has produced the X-ray as per Ex.P7, head injury sheet as per Ex.P8, out patient record as per Ex.P9 and in-patient record as per Ex.P10. 10. PW.5 is the Scientific Officer who issued Forensic Science Laboratory (FSL) report as per Ex.P11 after examination of M.O Nos.1 and 2 – clubs and M.O Nos.3 to 7, which were blood stained clothes of the injured. It is stated that M.O. Nos.1 and 2, wooden clubs were not stained with blood. However, M.O Nos.3, 4, 5 and 7 were stained with blood. PW.6 is the Doctor at Adarsha Hospital who examined PWs.1 to 3. PW.8 is the witness to the mahazar whereunder M.O Nos.1 and 2 were recovered. PW.12 is the Doctor, who has examined PWs.1 to 3 while they were admitted to Mahesh Hospital. PWs.9 to 11 were the Police officials. 11. During cross-examination of the injured eye witnesses, learned counsel for the accused specifically - 9 - HC-KAR NC: 2025:KHC:24465 CRL.A No. 419 of 2013 suggested that the incident had occurred during night hours and it was dark. This suggestion was denied by the witness. It is also suggested that the incident had taken place only for a period of 10 to 15 minutes and the injured could not identify as to who assaulted them. These suggestions were also denied by the witnesses. From these suggestions, the accused are admitting the incident. Regarding identification of the accused, PWs.1 to 3 have specifically stated that these accused had committed the offence. Nothing fatal is elicited from any of these injured eye witnesses to disbelieve their version. The medical records support the contention of the prosecution about the commission of the offence by accused Nos.1 to 6 by using M.O Nos.1 and 2, assaulting PWs.1 to 3 with hands and kicking them with legs. Under such circumstances, it has to be held that the prosecution is successful in proving the guilt of accused Nos.1 to 6 beyond reasonable doubt and therefore, the accused Nos.1 to 6 are liable for conviction. 12. I have gone through the impugned judgment of conviction and order of sentence passed by the Trial Court. It has discussed at length about the overt acts committed by the accused, oral and documentary evidence placed before it and - 10 - HC-KAR NC: 2025:KHC:24465 CRL.A No. 419 of 2013 has formed an opinion that it was accused Nos.1 to 6 who have committed the offences and they were convicted and sentenced as stated above. It has also formed an opinion that there are no materials to convict the accused No.7 and accordingly, acquitted him. I do not find any reason to interfere with the same. Accordingly, I answer the point in the negative and proceed to pass the following: ORDER The appeal is dismissed. Registry to send back the original records along with copy of this judgment to the Trial Court, to secure the presence of accused Nos.1 to 6 and to issue conviction warrant, if not issued earlier. Sd/- (M G UMA) JUDGE SMA List No.: 1 Sl No.: 35