- 1 - HC-KAR NC: 2025:KHC-D:7581 CRL.RP No. 100096 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE K V ARAVIND CRIMINAL REVISION PETITION NO.100096 OF 2019 (397(Cr.PC)/438(BNSS)) BETWEEN: 1. SMT. BHARAMAVVA W/O. GIRIYAPPA HIREMARAD, AGE: 59 YEARS, OCC: COOLIE, 2. HANUMAPPA S/O. GIRIYAPPA HIREMARAD, AGE: 36 YEARS, OCC: COOLIE, 3. MAHADEVAPPA S/O. GIRIYAPPA HIREMARAD, AGE: 34 YEARS, OCC: COOLIE, ALL ARE RESIDENT OF MUSTUR VILLAGE, TQ: RANEBENNUR, DISTRICT: HAVERI. …PETITIONERS (BY SRI. T.R. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, HALAGERI POLICE STATION, R/BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. …RESPONDENT (BY SRI. T. HANUMAREDDY, ADDITIONAL GOVERNMENT ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7581 CRL.RP No. 100096 of 2019 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND 1ST ADDL. J.M.F.C., RANEBENNUR IN C.C.NO.560/2004 DATED 22.06.2006, CONVICTING THEM FOR THE OFFENCES UNDER SECTION 324 R/W SECTION 34 OF IPC AND SENTENCE TO UNDERGO S.I. FOR 6 MONTHS AND FURTHER PAY FINE OF RS.1000/- (RS.250 EACH) AND IN THE DEFAULT OF PAYMENT OF FINE THEY HAVE UNDERGO S.I. FOR A PERIOD OF 15 DAYS (EACH OF THEM), FURTHER SENTENCED THEM FOR THE OFFENCE PUNISHABLE UNDER SECTION 504 R/W SECTION 34 OF IPC AND SENTENCE TO UNDERGO S.I. FOR 3 MONTHS, BOTH SENTENCE SHOULD BE RUN CONCURRENTLY AND ALSO SET ASIDE THE JUDGMENT PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT HAVERI (SITTING AT RANEBENNUR), IN CRL. APPEAL NO.37/2006 DATED 20.03.2018, SET ASIDE THE BOTH JUDGMENTS AND ACQUIT THEM, IN THE INTEREST OF JUSTICE. THIS CRIMINAL REVISION PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE K V ARAVIND) The present revision petition is filed by accused Nos. 2, 3, and 4 in C.C. No. 560/2004, being aggrieved by the judgment of conviction and order of sentence dated 22.06.2006, as confirmed by the judgment dated 20.03.2018 passed in Crl.A.No.37/2006. 2. The case of the prosecution is that a complaint was lodged by PW-1 against four accused persons. Accused Nos.1 and 2 are the in-laws of the complainant, - 3 - HC-KAR NC: 2025:KHC-D:7581 CRL.RP No. 100096 of 2019 while accused Nos.3 and 4 are his brothers-in-law. The complainant is married to the daughter of accused Nos.1 and 2, who is also the sister of accused Nos.3 and 4. In the background of a domestic dispute between the complainant and his wife, the accused allegedly quarreled with the complainant and assaulted him with a stick, sickle, and axe, causing injuries to his head, right hand, left hand, left knee joint, and right thigh. Based on the complaint, the First Information Report (Ex.P-1) was registered against the accused. 3. Upon completion of investigation, a charge sheet was filed against the accused for the offences punishable under Sections 324 and 504 read with Section 34 of the Indian Penal Code. 4. The prosecution examined 10 witnesses and marked 6 documents as exhibits, in addition to producing 2 material objects. The Trial Court, upon appreciation of the oral and documentary evidence on record, held accused Nos.1 to 4 guilty of the offences punishable under - 4 - HC-KAR NC: 2025:KHC-D:7581 CRL.RP No. 100096 of 2019 Sections 324 and 504 read with Section 34 of the Indian Penal Code. Consequently, the accused were sentenced to undergo imprisonment for a period of six months and to pay a fine of Rs.250/- each for the offence punishable under Section 324 read with Section 34 of IPC, and in default of payment of fine, to undergo simple imprisonment for a further period of 15 days. Additionally, they were sentenced to undergo simple imprisonment for a period of three months for the offence punishable under Section 504 read with Section 34 of IPC. Aggrieved by the judgment of conviction and order of sentence, accused Nos.1 to 4 preferred Criminal Appeal No. 37/2006. 5. The Appellate Court, upon re-appreciation of the evidence on record, confirmed the judgment of conviction and the sentence as imposed by the Trial Court. 6. Sri T.R. Patil, learned counsel appearing for the revision petitioners, submits that the complainant and the accused are related, and the other material witnesses are also family members. It is contended that the complaint - 5 - HC-KAR NC: 2025:KHC-D:7581 CRL.RP No. 100096 of 2019 was motivated and arose out of a family dispute between the complainant and his wife, who is none other than the daughter of accused Nos.1 and 2 and sister of accused Nos.3 and 4. The complaint, it is submitted, was lodged after the accused questioned the complainant regarding his ill-treatment of his wife. Learned counsel further submits that the findings recorded by the Trial Court are without proper consideration of the material on record, including contradictions, omissions, and improvements in the testimony of the witnesses. It is also submitted that the dispute has since been amicably resolved among the family members, and the complainant and his wife are now living in a cordial relationship. Further submits that the revision petitioners have also re-established a harmonious relationship with the complainant and his wife. In such circumstances, if the conviction is upheld, it would adversely affect and disrupt the restored family harmony. 7. Sri T. Hanumareddy, learned Additional Government Advocate appearing for the respondent– - 6 - HC-KAR NC: 2025:KHC-D:7581 CRL.RP No. 100096 of 2019 State, submits that the conviction was based on unimpeachable evidence, and the infliction of injuries on the complainant has been proved beyond reasonable doubt as a result of the assault by the accused. In support of his submission, the learned Additional Government Advocate draws the attention of the Court to the wound certificate marked as Ex.P-4. 8. The fact that the complainant/PW-1 sustained injuries is established through Ex.P-4. The said wound certificate clearly indicates that PW-1 suffered eight injuries, which, though simple in nature, were caused by hard and rough objects. The prosecution's case is that these injuries were inflicted by accused Nos.1 to 4. The Trial Court has recorded a categorical finding that the injuries were caused by accused Nos.1 to 4. In arriving at this conclusion, the Trial Court placed considerable reliance on the evidence of PW-1, as well as on the seizure of bloodstained clothes and three sticks. - 7 - HC-KAR NC: 2025:KHC-D:7581 CRL.RP No. 100096 of 2019 9. PW-1 was extensively cross-examined; however, no material contradictions or omissions could be elicited to discredit his testimony. The relationship between the accused and the complainant is also not in dispute. 10. PW-2 and PW-3 are the seizure witnesses for Material Objects 1 and 2, and they have supported the case of the prosecution. 11. PW-4 was examined as an eyewitness and supported the case of the prosecution by providing a detailed account of the incident during his cross- examination. No material contradictions or contrary evidence were elicited. Similarly, PW-5 was also examined as an eyewitness and was subjected to cross-examination by the defence; however, his evidence remained consistent and unshaken. 12. PW-7 is the doctor who treated the injured witness, PW-1, and issued the wound certificate marked as Ex.P-4. He has testified that PW-1 had sustained multiple - 8 - HC-KAR NC: 2025:KHC-D:7581 CRL.RP No. 100096 of 2019 injuries, which, in his opinion, were caused approximately six hours prior to the medical examination. In response to suggestions made during cross-examination by the defence, PW-7 admitted that such injuries could also occur if a person were to fall from a tree. 13. The Trial Court, upon consideration of the material evidence on record, recorded a finding of conviction against the accused. The Appellate Court, on re- appreciation of the evidence, confirmed the said finding of conviction. 14. Though learned counsel for the revision petitioners made strenuous efforts to persuade this Court, no ground is made out to warrant interference, nor is any infirmity found in the impugned orders. Accordingly, the order of conviction deserves to be confirmed by this Court. 15. Having regard to the peculiar facts and circumstances of the present case particularly the fact that the complainant and accused Nos. 2 to 4 are family members, and that the family dispute has been resolved - 9 - HC-KAR NC: 2025:KHC-D:7581 CRL.RP No. 100096 of 2019 over time and accused Nos. 2 to 4 have already undergone custody for a period of ten days, the case can be considered for modification of sentence. In such circumstances, confirmation of the sentence of imprisonment may disturb the now-settled family relationship. Therefore, in the interest of justice, the sentence of imprisonment can be suitably modified and substituted with a sentence of fine, which would serve the ends of justice. 16. Accused No.1 having expired during the pendency of the appeal, the confirmation of conviction pertains only to accused Nos.2 to 4. 17. For the aforesaid reasons, I proceed to pass the following: ORDER (i) Criminal Revision Petition is allowed in part. (ii) The order of the trial Court in C.C. No.560/2004 dated 22.06.2006 and order of the Appellate Court in Crl.A.No.37/2006 dated - 10 - HC-KAR NC: 2025:KHC-D:7581 CRL.RP No. 100096 of 2019 20.03.2018 is confirmed to the extent of recording conviction. (iii) Sentence imposed by both the Court is substituted with fine amount. The accused Nos.2 and 3 are sentenced to pay a fine of Rs.5,000/- each. In default of payment of fine amount, accused Nos.2, 3 and 4 shall undergo simple imprisonment for a period of three months. (iv) Four weeks’ time is granted to deposit the fine amount from the date of this order. (v) The fine amount shall be paid in favour of the complainant on due identification. Registry is directed to return the trial Court records along with a copy of this order. Sd/- (K V ARAVIND) JUDGE Naa CT: UMD List No.: 1 Sl No.: 7