- 1 - NC: 2025:KHC:3284 CRL.A No. 791 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 791 OF 2013(C) BETWEEN: 1. GURURAJU S/O KEMPEGOWDA AGED ABOUT 31 YEARS RAJEGOWDANA DODDI VILLAGE MADDUR TALUK MANDYA DISTRICT PIN CODE: 571450 …APPELLANT (BY SRI. RAJU C N.,ADVOCATE) AND: 1. STATE BY MANDYA RURAL POLICE, MANDYA REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE: 01 …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.A. IS FILED UNDER SECTION 374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 26.07.2013 PASSED BY THE I ADDL. S.J., MANYDA IN S.C.NO.112/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 324 AND 326 OF IPC. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3284 CRL.A No. 791 of 2013 THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri C.N.Raju, learned counsel for the appellant and Sri Channappa Erappa, learned High Court Government Pleader. 2. As per the directions of this Court, appellant/accused and defacto complainant/injured are present. Injured submits that appellant is his cousin and on the fateful day, the unfortunate incident has occurred and he sustained a fracture injury. He submits that the matter is now amicably settled and suitable orders may be passed taking note of the same. 3. Sri C.N.Raju, learned counsel for the appellant and learned High Court Government Pleader together submit that in view of the true settlement between the parties, suitable orders be passed in this appeal. 4. Taking note of the principles of law enunciated in the case of Ramgopal and another vs. State of Madhya Pradesh - 3 - NC: 2025:KHC:3284 CRL.A No. 791 of 2013 reported in (2022) 14 SCC 531, this Court is of the considered opinion that offence punishable under Section 326 of the Indian Penal Code does not get attracted and at the most, it could be scaled down to Section 324 of the Indian Penal Code, in view of the fact that no x-ray film or radiological certificate is placed on record to show that the injury is grievous. 5. Accordingly, without expressing further opinion on the merits of the matter, conviction of the appellant is modified and custody period already undergone by him for a period of fifteen days is to be treated as period of imprisonment by enhancing the fine amount in a sum of Rs.10,000/- for the offence punishable under Section 324 of the Indian Penal Code. 6. Accordingly, the following: ORDER (i) Criminal Appeal is allowed in part. (ii) Appellant is acquitted for the offence punishable under Section 326 of the Indian Penal Code and conviction for the offence punishable under Section 324 of the Indian Penal Code is - 4 - NC: 2025:KHC:3284 CRL.A No. 791 of 2013 maintained. Consequently, sentence ordered by the learned Trial Jude is also modified as under: (a) Custody period of fifteen days already undergone by the appellant is treated as the period of imprisonment for the offence punishable under Section 324 of the Indian Penal Code by enhancing the fine amount in a sum of Rs.10,000/- in addition to the fine amount of Rs.500/- imposed by the learned Trial Judge, (in all Rs.10,500/-) payable by the appellant on or before 28th February 2025, failing which, appellant shall undergo simple imprisonment for a period of six months. (b) Out of the fine amount, sum of Rs.10,000/- is ordered to be paid as compensation to the injured-P.W.4/ Muthuraj under due identification and balance sum of Rs.500/- shall be appropriated towards defraying expenses of the State. (iii) Office is directed to return the Trial Court Records along with copy of this Judgment. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 49