- 1 - NC: 2025:KHC:4187 CRL.A No. 1348 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL No.1348 OF 2012 (C) BETWEEN: 1. DODDEGOWDA S/O BOREGOWDA AGED ABOUT 47 YEARS R/A JOGANAHALLI, BAGESHPURA POST GANDASI HOBLI, ARASIKERE TQ., HASSAN DISTRICT-573 119 …APPELLANT (BY SRI VINAYACHANDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY GANDASI POLICE ARASIKERE TQ., HASSAN DISTRICT-573 119 …RESPONDENT (BY SRI RAHUL RAI.K, HCGP) THIS CRL.A IS FILED UNDER SECTION 374(2) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCE DATED 16.11.2012 PASSED BY THE PRL. S.J., HASSAN IN S.C.NO.117/2009 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 307 OF IPC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4187 CRL.A No. 1348 of 2012 ORAL JUDGMENT Heard Sri Vinayachandra, learned counsel for the appellant and Sri Rahul Rai K, learned High Court Government Pleader. 2. Complainant and appellant/accused are present. Appellant has been convicted for the offence punishable under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.20,000/-, in default, to undergo simple imprisonment for a period of three months, by the judgment dated 16.11.2012 passed in S.C.No.117/2009 on the file of the Prl. Sessions Judge, Hassan. 3. Appellant and the complainant are real brothers. It is the allegation of the prosecution that, the complainant having two names i.e., Lakkigowda and Doddegowda, used to draw the money from the Government claiming himself as Doddegowda when actual work was carried out by the appellant/accused whose name is also Doddegowda. 4. Work that has been carried out by the appellant/accused has been misrepresented to the Government authorities and - 3 - NC: 2025:KHC:4187 CRL.A No. 1348 of 2012 complainant used to draw the money and in that regard, there was some misunderstanding between the two, ultimately resulting in assault on the complainant said to have been made by the appellant/accused on 25.11.2008 at about 6.30 pm. 5. In the said assault, complainant has sustained five simple injures as under: (i) 1”x1½” x¼“ incited wound over the right cheek. (ii) 3”x1/2”x2½“ incited wound over the forehead. (iii) 1¼“ x 2¼“ x 2¼“ incited wound over left knee. (iv) 1”x2¼”x 2¼” incited wound over frontal region. (v) 2”x¼”x¼” incited wound over left palm. (vi) ½“x 2½ “ incited wound in 1st web space (left) (vii) Abrasion over dorsal aspect of left little toe. 6. Police after registering the case, filed the charge sheet against the appellant herein for the offence punishable under Section 307 of the Indian Penal Code. 7. Accused stood for trial and pleaded not guilty and therefore, trial was held. After cumulative consideration of the material on record, accused has been convicted and sentenced as referred to supra. - 4 - NC: 2025:KHC:4187 CRL.A No. 1348 of 2012 8. During the course of hearing of the present Criminal Appeal, two affidavits came to be filed by the appellant and complainant signed by them along with photocopies of Aadhar Card. Contents of the affidavits is extracted hereunder: Affidavit of Sri Doddegowda I, Sri. Doddegowda, S/o late Boregowda, Aged about 60 years, R/at Joganahalli, Bageshpura Post, Gandasi Hobli, Arasikere Taluk, Hassan District- 573119, now come down to Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. I submit that I am the Appellant in the above case and I know the facts and circumstances of the case and hence I am competent to swear to this affidavit. 2. I submit that I have filed the above appeal for setting aside the judgment in SC No.117/2009 dated 16.11.2012 passed by the Principal & Sessions Judge, Hassan and set the me free from all the charges and acquit me for the alleged offences. 3. I submit that I and my brother i.e., the complainant have come to settlement and my brother medical expenses has been paid by me and my brother i.e., the complainant do not want me to charged to the said offence. Hence I further submit - 5 - NC: 2025:KHC:4187 CRL.A No. 1348 of 2012 that in future I and the complainant will live happily. Wherefore, I pray that this Hon'ble court to set the appellant free from the offences and to set aside the judgment in SC No.117/2009 dated 16.11.2012 passed by the Principal & Sessions Judge, Hassan, in the interest of justice and equity.” Affidavit of Sri Doddegowda @ Lakkigowda I, Sri. Doddegowda @ lakkigowda S/o late Doddegowda, Aged about 69 years, R/at Joganahalli, Bageshpura Post, Gandasi Hobli, Arasikere Taluk, Hassan District-573119, now come down to Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. I submit that I am the complainant in the above case and I know the facts and circumstances of the case and hence I am competent to swear to this affidavit. 2. I submit that the appellant who is my brother has filed the above appeal for setting aside the judgment in SC No.117/2009 dated 16.11.2012 passed by the Principal and Sessions Judge, Hassan and set the accused free from all the charges and acquit him for the alleged offences. 3. I submit that I and my brother i.e., the appellant have come to settlement and my medical - 6 - NC: 2025:KHC:4187 CRL.A No. 1348 of 2012 expenses has been paid by my brother and I do not want the appellant to charge to the said offence. Hence I further submit that in future I and the complainant will live happily. Wherefore, I pray that this Hon'ble court to set the appellant free from the offences and to set aside the judgment in SC No.117/2009 dated 16.11.2012 passed by the Principal & Sessions Judge, Hassan, in the interest of justice and equity.” 9. Taking note of the fact that complainant has sustained simple injuries as per the wound certificate marked at Ex.P.4 and taking note of the fact that the parties have now settled the dispute amicably, placing reliance on the principles of law enunciated in the case of Ramgopal and another vs. State of Madhya Pradesh reported in (2022)14 SCC 531, this Court is of the considered opinion that the sentence ordered by the learned Sessions Judge needs modification by directing the custody period already undergone by the appellant be treated as period of imprisonment and fine imposed by the learned Sessions Judge shall be maintained and if not already paid, directed to be paid in a time frame. 10. Accordingly, the following: - 7 - NC: 2025:KHC:4187 CRL.A No. 1348 of 2012 ORDER (i) Criminal Appeal is allowed in part. (ii) While maintaining the conviction of the appellant, custody period already undergone by him is treated as period of imprisonment and fine amount imposed by the learned Sessions Judge if not already paid, shall be paid on or before 28th February 2025, failing which, appellant shall undergo simple imprisonment for three months. (iii) Office is directed to return the Sessions Court Records with copy of this judgment for the purpose of issuing modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 2