Case Note & Summary
The appeal arose from the judgment of the Fast Track Court, Ramanagara in S.C.No.7/2009 convicting the five accused for offences under Sections 143, 147, 148, 324, 326 read with Section 149 of the Indian Penal Code, 1860. The prosecution case was that on 28.02.2007 at about 8.00 a.m. at Thayappanadoddi village, the accused, due to previous enmity over a land dispute, formed an unlawful assembly, trespassed into the complainant's house armed with choppers and clubs, and assaulted the complainant Nanjappa (PW1) causing grievous injuries including cut injuries on his right palm and head, and also assaulted Susheelamma (PW2) and Manjula (PW3) causing simple injuries. The FIR was registered at Bidadi Police Station for offences under Sections 143, 147, 148, 324, 506 read with Section 149 IPC and later Section 307 IPC was added based on a supplementary statement by PW1 who was hospitalized for 26 days. After investigation, a charge-sheet was filed and the case was committed to the Sessions Court. The accused pleaded not guilty. The prosecution examined 12 witnesses, marked exhibits P1 to P9 and material objects MO1 to MO4. The trial court acquitted the accused under Sections 506 and 307 read with Section 149 IPC but convicted them under Sections 143, 147, 148, 324, 326 read with Section 149 IPC and imposed a fine. The appellants challenged the conviction, contending that the FIR was not properly recorded, the supplementary statement contradicted the complaint, the injured witnesses are interested relatives, their evidence is inconsistent, no independent neighbours were examined, the doctor who issued wound certificates did not treat the injured, and the investigating agency failed to produce the FSL report for the seized weapons to corroborate the prosecution case. The appeal was heard by the High Court of Karnataka, but the judgment text is incomplete and does not contain the court's analysis or final decision.
Issue of Consideration
Whether the trial court erred in convicting the appellants under Sections 143, 147, 148, 324, 326 read with Section 149 IPC based on the evidence of interested witnesses, inconsistencies, lack of independent corroboration, and non-production of FSL report.
Case Details
2021 LawText (KAR) (11) 13
CRIMINAL APPEAL NO. 520 OF 2011
Shivaraj Jaded, C.H. Hanumantha (for Appellant No.1); H.C. Hanumaiah (for Appellants No.2 to 4); Rahul Rai K (HCGP for Respondent)
Guruswamy, Kariyappa, Krishnakumar, Magappa, Papa @ Byraja
State of Karnataka by Bidadi Police Station
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Nature of Litigation
Criminal appeal against conviction
Remedy Sought
Appellants seeking to set aside judgment of conviction and sentence passed in S.C.No.7/2009 by Fast Track Court, Ramanagara, and acquittal.
Filing Reason
Conviction under Sections 143, 147, 148, 324, 326 read with Section 149 IPC by the trial court in S.C.No.7/2009.
Previous Decisions
Trial Court in S.C.No.7/2009 convicted the accused for offences under Sections 143, 147, 148, 324, 326 read with Section 149 IPC and sentenced them to pay fine; acquitted for offences under Sections 506 and 307 read with Section 149 IPC.
Issues
Whether the trial court erred in convicting the accused based on the evidence of interested witnesses without independent corroboration
Whether the non-production of FSL report for seized weapons vitiates the prosecution case
Whether the supplementary statement under Section 161 CrPC is admissible to invoke Section 307 IPC
Whether the injuries sustained by the witnesses are consistent with the prosecution case
Submissions/Arguments
Counsel argued that the FIR was not properly recorded and the supplementary statement was taken contrary to the complaint, leading to discrepancies.
Injured witnesses are relatives and their evidence is inconsistent; no independent neighbors examined.
FSL report not procured for the seized weapons (chopper and long chopper) to show bloodstains.
Doctor who issued wound certificate (PW12) did not treat the injured; wound certificates issued based on administrative instructions.
Section 307 IPC invoked based on supplementary statement without due basis.
Judgment Excerpts
the accused persons are alleged to have formed an unlawful assembly and trespassed into the house of the complainant by holding deadly weapons such as chopper, clubs in their hands.
PW-1 Nanjappa had sustained injuries on his head part and also on his right palm and his right hand fingers are alleged to be cut off by sustaining grievous injuries.
Procedural History
On 28.02.2007, FIR registered at Bidadi P.S. for offences under Sections 143, 147, 148, 324, 506 read with Section 149 IPC based on complaint by PW1. Later Section 307 IPC added based on supplementary statement. After investigation, charge-sheet filed. Case committed to Sessions Court, tried as S.C.No.7/2009. Accused pleaded not guilty. Prosecution examined 12 witnesses, marked exhibits P1-P9, MO1-MO4. Accused denied incriminating evidence. Trial Court convicted for offences under Sections 143, 147, 148, 324, 326 read with Section 149 IPC, acquitted for Sections 506, 307 read with Section 149 IPC. Appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973.
Acts & Sections
- Indian Penal Code, 1860: 143, 147, 148, 324, 326, 149, 506, 307
- Code of Criminal Procedure, 1973: 374(2), 313, 233, 161
