- 1 - HC-KAR NC: 2025:KHC:41207 CRL.A No. 218 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 218 OF 2020 (C) BETWEEN: SHIVARAJU S/O SRINIVASA AGED ABOUT 24 YEARS, R/O HARAVE MALLARAJAPATNA VILLAGE, PERIYAPATNA TALUK, MYSURU-571 107. …APPELLANT (BY SRI. H S SURESH., ADVOCATE) AND: STATE OF KARNATAKA BY PERIYAPATNA P S REP. BY SPP HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI. M.R. PATIL, HCGP.) THIS CRL.A IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 10.12.2019 AND ORDER OF SENTENCE DATED 11.12.2019, PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU IN S.C.NO.230/2018, CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 354-A(1),307,326 AND 504 OF IPC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41207 CRL.A No. 218 of 2020 ORAL JUDGMENT Appellant has preferred this appeal against the Judgment of and order on sentence dated 11th December, 2019 passed by IV Additional District & Sessions Judge, Mysuru in SC No.230 of 2018 (for short "the trial Court"). 2. For the sake of convenience, the parties in this appeal are referred to as per their rank before the trial Court. 3. Brief facts leading to this appeal are that Periyapatna Police submitted charge-sheet against the accused for the offences punishable under Sections 307, 504, 354A(1) of Indian Penal Code. 4. It is alleged by the prosecution that prior to incident, accused was insisting PW2 for sexual intercourse with him to which she refused. On 13th June, 2016 at about 8.00 am, when PW2 was washing clothes in front of her house, at that time, the accused came there and by abusing in filthy language assaulted her with chopper on her right arm with an intention to kill her and also assaulted on her both legs with chopper, in which act she lost right hand and immediately she was shifted to Government Hospital, Periyapatna. Thereafter, complainant - 3 - HC-KAR NC: 2025:KHC:41207 CRL.A No. 218 of 2020 lodged First Information before the police. On the basis of the said information, Crime came to be registered in Crime No.108 of 2016. The First Information Report was submitted to the jurisdictional Magistrate. Thereafter, the Investigating Officer went to spot and conducted spot-cum-seizure mahazar in the presence of panchas and seized MOs1 to 5 and subjected them to property form. During the investigation, Investigating Officer arrested the accused and recorded confession statement and seized MO6-Chopper and produced the accused before the Court. After completion of investigation, Investigating Officer filed charge-sheet for the offences punishable under Sections 307, 504, 354A(1) of Indian Penal Code. 5. After filing charge-sheet, charges framed against the accused for alleged commission of offences punishable under sections 307, 504, 354A(1) of Indian Penal Code and the same was read over and explained to the accused. Accused pleaded not guilty and claimed to be tried. 6. To prove the case, prosecution has examined 17 witnesses have been examined as PWs1 to 17, 14 documents marked as Exhibits P1 to P14 and nine material objects marked - 4 - HC-KAR NC: 2025:KHC:41207 CRL.A No. 218 of 2020 as MOs1 to 9. On closure of prosecution side evidence, statement of the accused under section 313 of Code of Criminal Procedure was recorded. Accused denied the evidence of the prosecution witnesses and himself give evidence as DW1 and marked documents as Exhibits D1 to D31. 7. Having heard the argument on both sides, the trial Court convicted the accused for the offences punishable under 354A(1), 307, 326 and 504 of Indian Penal Code and passed sentence as under: "ORDER The accused – Shivaraju, S/o Srinivasa is sentenced to undergo Rigorous imprisonment for 10 years and fine of Rs.2,00,000/- (Rupees two lakhs only) for the offence punishable under Sec.307 of Indian Penal Code, in default of payment of fine the accused shall undergo simple imprisonment for two years. Further the accused is sentenced to undergo Rigorous imprisonment for 10 years and fine of Rs.2,00,000/- (Rupees two lakhs only) for the offence punishable under Sec.326 of Indian Penal Code, in default of payment of fine the accused shall undergo simple imprisonment for two years. Further the accused is sentenced to undergo Rigorous imprisonment for 6 months and fine of - 5 - HC-KAR NC: 2025:KHC:41207 CRL.A No. 218 of 2020 Rs.5,000/- (Rupees five thousand only) for the offence punishable under Sec.354A(1) of Indian Penal Code, in default of payment of fine the accused shall undergo simple imprisonment for one month. Further the accused is sentenced to undergo Rigorous imprisonment for 6 months and fine of Rs.5,000/- (Rupees five thousand only) for the offence punishable under Sec.504 of Indian Penal Code, in default of payment of fine the accused shall undergo simple imprisonment for one month. All the sentences shall run concurrently. The period of detention of accused in judicial custody is set off as against the sentence imposed against him, as required under Sec.428 of Cr.P.C. The entire fine amount of Rs.4,10,000/- (Rupees four lakhs and ten thousand only) collected shall be paid to the victim / PW.2 by way of compensation under Sec.357(A) of Cr.P.C. Office is directed to furnish free copy of this judgment to the accused forthwith." 8. The learned Counsel appearing for the appellant fairly submits that though the accused has preferred appeal against the Judgment of conviction and order on sentence, the complainant has not sought for acquittal but is only seeking for modification of sentence on the ground that the accused has - 6 - HC-KAR NC: 2025:KHC:41207 CRL.A No. 218 of 2020 already served a sentence for a period of more than six and a half years and the appellant has no means to pay the fine amount. Hence, this Court may modify the sentence only to the extent of imprisonment already undergone by the accused. To substantiate his argument, the learned Counsel relies on the decision of the Supreme Court in the case of SIDDARAMA AND OTHERS v. STATE OF KARNATAKA reported in AIR 2006 SC 3265. 9. I have given my anxious consideration to the submissions advanced by the learned counsel for the appellant. though the learned Counsel has submitted his argument as to the order of conviction passed against the accused, I have examined the materials placed before this Court. Upon examining the materials, I do not find any error/illegality in the impugned conviction passed against the accused for the alleged commission of offence. However, the submission of the learned counsel for the appellant that the appellant has not sought for acquittal but is only seeking modification of sentence is concerned, the same requires consideration. I have examined the material placed before the Court. PW13-Dr Chandravathi - 7 - HC-KAR NC: 2025:KHC:41207 CRL.A No. 218 of 2020 has issued wound certificate in which the injuries found on the victim are as under: "(1) Cut wound over the left cheek measuring 6 x 1 cms. (2) cut wound over the left leg just below the knee measuring 3 x 1 cms. (3) cut wound over the left leg measuring 2 x 1 cms. (4) cut wound just below the right knee measuring 2 x 1 cms. (5) cut wound over the right leg middle 1/3rd measuring 3 x 2 cms and bone was fractured. (6) cut wound over the right foot measuring 6 x 8 cms. (7) lacerated wound over the right fore arm measuring 15 x 3 cms and bones are fractured with exposure of muscle and tendon and she referred the injured to K.R. Hospital for further treatment as per report of K.R. Hospital, both bones of right hand were fractured and bones of right legs were fractured." 10. PW14 has deposed that he has conducted surgery on 15th June, 2016 and right hand was amputated. On 25th June, 2016 he conducted another surgery for right leg and fixed interlocking nails. - 8 - HC-KAR NC: 2025:KHC:41207 CRL.A No. 218 of 2020 11. Prior to this incident, the accused has not involved in any offences. The age of the appellant was 22 years at the time of commission of offence and he is a coolie by avocation. The copy of the Judgment reveals that accused was arrested on 13th June, 2016 and was released on 06th September, 2016. The appellant was in judicial custody for a period of three months and three days prior to arrest. Further, after pronouncement of Judgment, the accused was taken to custody and he is judicial custody from 11th December, 2019 till today i.e 15th October 2025, which comes to 5 years, 10 months 4 days. In all, the accused is in judicial custody for more than 6 years, 1 month 7 days. As per the Order dated 16th June 2023, the application filed Section 389 was rejected by this Court. Taking into consideration the nature and gravity of offence and the injuries caused to the victim as shown in the own certificate, as also, considering the period of sentence imposed by the trial Court, and also keeping in mind, the decision relied upon by the learned Counsel for the appellant in the case of SIDDARAMA (supra), I am of the opinion that it is just proper to modify the sentence. Accordingly, I proceed to pass the following: - 9 - HC-KAR NC: 2025:KHC:41207 CRL.A No. 218 of 2020 O R D E R i) Appeal is allowed in part; ii) The Order regarding conviction dated 10th December, 2019 passed in SC No.230 of 2018 by the IV Additional District & Sessions Judge, Mysuru for the offence punishable under Sections 354A(1), 307, 326 and 504 of Indian Penal Code, is confirmed; iii) Order on Sentence passed dated 11th December, 2019 passed in SC No.230 of 2018 by the IV Additional District & Sessions Judge, Mysuru, is modified as under: a) The accused sentenced to undergo simple imprisonment for a period of six years, one month, seven days and with fine of Rs.5,000/- for offence punishable under Section 307 Indian Penal Code; b) Accused sentenced to undergo simple imprisonment for period of six years and fine after Rs.2,000/- for the offence punishable under Section 326 IPC; c) Accused is sentenced to undergo simple imprisonment for a period of six months and fine of Rs.2,000/- for offence punishable under section 354A(1) of Indian Penal Code; - 10 - HC-KAR NC: 2025:KHC:41207 CRL.A No. 218 of 2020 d) Accused is sentenced undergo simple imprisonment for a period of six months with fine of Rs.1,000/- for the offence punishable under Section 504 Indian Penal Code; e) All the sentences shall run concurrently; f) The period spent by the appellant in judicial custody is set off as required intersection, 428 of CRPC; g) The entire fine amount of Rs.10,000/- shall be paid to the PW2-victim by way of compensation under Section 354A of Code of Criminal Procedure. In addition to that, the Member Secretary, District Legal Services Authority, Mysuru is directed to award suitable compensation to PW2-victim as per Victim Compensation Rules, 2011, in accordance with law; iv) The registry is directed to send copy of this Judgment along with the trial Court records to the concerned Court; v) Registry is also directed to send the copy of this order to Member Secretary, District Legal Services Authority, Mysuru to award suitable compensation to victim, PW2, in addition to the compensation of Rs.10,000/- awarded by this Court; - 11 - HC-KAR NC: 2025:KHC:41207 CRL.A No. 218 of 2020 vi) Registry to send the information to Jail authorities through e-mail, as also through Post, to release the appellant after compliance, if he is not involved in any other case. Sd/- (G BASAVARAJA) JUDGE LNN List No.: 1 Sl No.: 113