- 1 - NC: 2025:KHC-D:5415 CRL.RP No. 100211 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100211 OF 2018 (397(Cr.PC)/438(BNSS)) BETWEEN: 1. SAKRAGOUDA S/O. HANUMAGOUDA, AGED ABOUT 47 YEARS, OCC: AGRICULTURE, 2. NINGANGOUDA S/O. HANUMAGOUDA, AGED ABOUT 45 YEARS, OCC: AGRICULTURE, 3. SHANTAPPA S/O. HANUMAGOUDA, AGED ABOUT 43 YEARS, OCC: AGRICULTURE, 4. UMMANAGOUDA S/O. HANUMAGOUDA, AGED ABOUT 41 YEARS, OCC: AGRICULTURE, 5. SMT.ANNAPURNA W/O. SHANTAPPA, AGED ABOUT 37 YEARS, OCC: HOUSEWIFE, ALL THE PETITIONERS ARE R/O: VADAGANAL, TQ: KOPPAL. …PETITIONERS (BY SRI NEELENDRA D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA KOPPAL, RURAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RELEVANT RECORDS AND ALLOW THIS REVISION PETITION, BY SETTING ASIDE THE ORDER DATED 22.10.2018 PASSED IN CRL.A.NO.29/2013 BY THE LEARNED DIST. & SESSIONS JUDGE, KOPPAL THEREBY CONFIRMING THE ORDER PASSED IN C.C.NO.372/2011 DATED 28.06.2013 THEREBY CONVICTING THE PETITIONERS FOR THE OFFENCES P/U/SECTIONS 143, 147, 148, 448, 323, 324, 326, 504, 506 R/W. 149 OF IPC. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:58:01 +0530 - 2 - NC: 2025:KHC-D:5415 CRL.RP No. 100211 of 2018 THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Neelendra D. Gunde, learned counsel for the revision petitioners and Sri.Praveena Devareddiyavara, learned High Court Government Pleader for respondent-State. 2. Revision petitioner is the accused who suffered an order of conviction in C.C.No.372/2011 and sentenced as under: “The accused No.1 to 5 are sentenced to pay fine of Rs.500/- each for the offence punishable under section 143 of IPC read with section 149 of IPC. In default of payment of fine to under go simple imprisonment for one month. The accused No.1 to 5 are sentenced to pay fine of Rs.1,000/- each for the offence punishable under section 147 of IPC read with section 149 of IPC. In default of payment of - 3 - NC: 2025:KHC-D:5415 CRL.RP No. 100211 of 2018 fine to under go simple imprisonment for one month. The accused No.1 to 5 are sentenced to pay fine of Rs.2000/- each for the offence punishable under section 148 of IPC read with section 149 of IPC. In default of payment of fine to under go simple imprisonment for one month. The accused No.1 to 5 are sentenced to pay fine of Rs. 1000/- each for the offence punishable under section 448 of IPC read with section 149 of IPC. In default of payment of fine to under go simple imprisonment for one month. The accused No.1 to 5 are sentenced to pay fine of Rs.1000/- each for the offence punishable under section 323 of IPC read with section 149 of IPC. In default of payment of fine to under go simple imprisonment for one month. The accused No.1 to 5 are sentenced to pay fine of Rs.2000/- each and to undergo simple imprisonment for three months for the offence punishable under section 324 of IPC read with - 4 - NC: 2025:KHC-D:5415 CRL.RP No. 100211 of 2018 section 149 of IPC. In default of payment of fine to under go simple imprisonment for one month. The accused No.1 to 5 are sentenced to pay fine of Rs.5000/- each and to undergo simple imprisonment for four months for the offence punishable under section 326 of IPC read with section 149 of IPC. In default of payment of fine to under go simple imprisonment for one month. The accused No.1 to 5 are sentenced to pay fine of Rs.1000/- each for the offence punishable under section 504 of IPC read with section 149 of IPC. In default of payment of fine to under go simple imprisonment for one month. The accused No.1 to 5 are sentenced to pay fine of Rs. 1000/- each for the offence punishable under section 506 of IPC read with section 149 of IPC. In default of payment of fine to under go simple imprisonment for one month. All the sentences of simple imprisonment shall run concurrently. - 5 - NC: 2025:KHC-D:5415 CRL.RP No. 100211 of 2018 Acting under section 357 of Cr PC of the fine collected, amount of Rs.20,000/- each shall be awarded as compensation to PW1 and 2 after appeal period is over.” 3. Order of conviction and sentence got confirmed in the appeal by the revision petitioners in Crl.A.No.29/2013 by considered judgment dated 22.10.2018. 4. Essential factual matrix for the disposal of the present revision petition are as under: In respect of an incident occurred on 22.03.2011 at about 8.30 p.m. in vadaganal village, Koppal Rural Taluk, Rural Police Station of Koppal filed a charge sheet against the accused persons under Sections 143, 147, 148, 448, 323, 324, 326, 504 and 506 read with Section 149 of the Indian Penal Code (for short, ‘the IPC’). After due trial, accused persons were convicted and sentenced as referred to supra. - 6 - NC: 2025:KHC-D:5415 CRL.RP No. 100211 of 2018 5. In the incident Gadigeppa-PW.1 and Siddamma-PW.2 were injured. Among the two, according to the case of prosecution Siddamma-PW.2 had a fracture in her left forearm. Learned trial judge taking note of the same, noting that there was no proper defence nor any version has been placed by the accused about the incident, convicted and sentenced as referred to supra. 6. Learned Judge in the first appellate Court re appreciated the material evidence and confirmed the order of conviction and sentence. 7. Being further aggrieved by same, accused persons are before this Court. 8. Sri.Neelendra D. Gunde, learned counsel for revision petitioners contended that the limited revisional jurisdiction, in the event of this Court upholding the order of conviction taking note of the fact that there is no X-ray film or radiological report have not been placed on record, conviction may be modified by setting aside the conviction of accused for the offence under Section 326 of the IPC. Consequently, enhancing reasonable amount of fine for - 7 - NC: 2025:KHC-D:5415 CRL.RP No. 100211 of 2018 the remaining offences, revision petition may be allowed by setting aside the imprisonment as revision petitioners are the first time offenders. 9. Per contra, learned High Court Government Pleader Sri.Praveena Devareddiyavara, supports the impugned judgement. 10. He would further contend that taking note of presumption available under Section under 114 (e) of the Evidence Act, the wound certificate issued by doctor who is examined PW.7, the order of conviction needs to be maintained. 11. Insofar as the alternate submission is concerned, learned High Court Government Pleader for respondent-State submits that voluntarily accused persons have picked up the quarrel on account of the previous enmity. Therefore, the prosecution has sufficiently established the motive for the incident and but for the intervention of eyewitnesses namely Huchappa and Ramanna. The incident would have ended in fatal injuries to the Siddamma-PW.2 and Gadigeppa-PW.1 and - 8 - NC: 2025:KHC-D:5415 CRL.RP No. 100211 of 2018 therefore, no mercy can be shown to the revision petitioners and sought for dismissal of the revision petition in toto. 12. Having heard the arguments of both sides, this Court reconsidered the material on record in the light of the fact that no X-ray film or radiological report is placed on record by the prosecution to consider injury caused to Siddamma-PW.2 as a grievous injury. 13. It is settled principles of law and requires no emphasises that in order to establish an injury as a grievous injury, especially when the injury is a fracture injury, it is incumbent on the part of the prosecution to place the X-ray film or radiological report as is held in the case of State Vs. Sheenappa Gowda and Other1. 14. Accordingly, mere oral testimony of PW.7 coupled with wound certificate marked at Ex.P6 and P7 would not be sufficient enough to maintain the conviction of accused persons for the offence under Section 326 of 1 2011 (4) KCCR 2759 (DB) - 9 - NC: 2025:KHC-D:5415 CRL.RP No. 100211 of 2018 the IPC. Hence, a case is made out for interference insofar as a offence under Section 326 of the IPC, by exercising the revisional powers vested in this Court under Section 397 of the Cr.P.C. 15. Having said thus, material evidence placed on record is sufficient enough to maintain the conviction of the revision petitioners for the remaining offences. 16. Consequently, the sentence ordered by trial Magistrate and confirmed by the First Appellate Court also needs a modification having regard to the fact that, this Court has acquitted the accused persons for the offence under Section 326 of the IPC. 17. Taking note of the fact that accused persons are the first time offenders, enhancing the fine amount payable by each of the accused in a sum of Rs.25,000/- (in all Rs.1,25,000) of which portion of the fine amount can be paid as compensation to Siddamma-PW.2 and Gadigeppa-PW.2 would meet the ends of justice in the facts and circumstances of the case. - 10 - NC: 2025:KHC-D:5415 CRL.RP No. 100211 of 2018 18. In view of the forgoing discussion, following order is passed. ORDER i. Criminal revision petition is allowed in part. ii. Accused are acquitted for the offence under Section 326 read with Section 149 of the IPC. iii. Conviction of the accused for the remaining offences is maintained and sentence ordered by the trial Judge is modified by directing each of the accused persons to pay enhanced fine of Rs.25,000/- on or before 30.04.20255. iv. Failure to pay the enhanced fine amount on or before 30.04.2025, each of the accused persons shall undergo simple imprisonment for a period of six months. v. Out of the fine amount recovered, sum of Rs.50,000/- is order to be paid as compensation to PW.2-Siddamma D/o Ningappa Uppar and sum of Rs.25,000/- Gadigeppa S/o Hanumappa Uppar PW.1 under due identification. - 11 - NC: 2025:KHC-D:5415 CRL.RP No. 100211 of 2018 vi. Balance fine amount shall be appropriated towards the defraying expenses of the State. vii. Office to return the Trial Court records along with a copy of this order for issuance of modified conviction warrant. SD/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 2 Sl No.: 40