Case Note & Summary
The present criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973, was filed before the High Court of Karnataka assailing the judgment of conviction dated August 12, 2011, and order of sentence dated August 17, 2011, passed by the Fast Track Court, Srirangapatna, in Sessions Case No. 174/2008. The trial court had convicted the appellant (accused) for offences punishable under Sections 323, 324, and 304(2) of the Indian Penal Code, 1860, and sentenced her to rigorous imprisonment for five years with a fine of Rs. 5,000 for the offence under Section 304(2), simple imprisonment for six months under Section 323, and simple imprisonment for one year under Section 324, with all sentences to run concurrently. The prosecution case, as narrated in the judgment, arose from a complaint filed by Smt. Y.D. Nagaratna on July 29, 2008, against the appellant, Leela, alleging that at about 6:30 p.m. the appellant knocked on the door of the complainant’s house and, upon opening, attacked her with a knife, stabbing her on the right hand and stomach, after a quarrel triggered by longstanding disputes over a water tap connection and the appellant’s suspicion of an illicit relationship between the complainant and the appellant’s husband. When the complainant’s husband, Nanjundaaradhya, intervened, the appellant stabbed him in the left chest, causing grievous injuries. She also bit the complainant on the shoulder and arm and threw brick pieces that hit the complainant’s head. The injured husband was declared brought dead at K.R. Hospital, Mysuru, while the complainant was admitted as an inpatient. The police, on receiving medico-legal intimation, registered Crime No. 134/2008 for the aforesaid offences, conducted investigation—including recording statements, holding inquest over the dead body, seizing the knife and brick pieces under mahazars, and collecting evidence from 20 prosecution witnesses and documents—and ultimately filed a charge sheet. The trial court, after trial, convicted the appellant. The instant appeal sought to set aside the conviction and acquit the appellant. The High Court heard arguments from counsel for both sides but the provided judgment excerpt does not include the court’s analysis or final decision; it only records the factual matrix and procedural history up to the recording of witness statements by the investigating officer on August 1, 2008.
Issue of Consideration
Case Details
2021 LawText (KAR) (12) 34
Criminal Appeal No. 942 of 2011
Smt. Archana Murthy for appellant, Sri. Rahul Rai .K for respondent
State by K.R. Sagara Police Station
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Nature of Litigation
Criminal appeal against conviction under IPC Sections 323, 324, 304(2) by the accused
Remedy Sought
Appellant seeks to set aside the judgment of conviction and order of sentence, and acquittal of all charges
Filing Reason
Appellant was convicted and sentenced by the trial court for the aforesaid offences and filed the present appeal challenging the same
Previous Decisions
The Fast Track Court, Srirangapatna, in S.C. No. 174/2008 convicted the appellant for offences under IPC Sections 323, 324, 304(2) and sentenced her to rigorous imprisonment for five years and fine for Section 304(2), simple imprisonment for six months for Section 323, and simple imprisonment for one year for Section 324; all sentences to run concurrently
Judgment Excerpts
This appeal is directed against judgment of conviction dated 12.08.2011 and order of sentence dated 17.08.2011 rendered by the trial Court in S.C.No.174/2008 dated 12.08.2011, whereby convicted the accused for the offences punishable under Section 323, 324 and 304 (2) of IPC, 1860.
Factual matrix of the prosecution case are as under : Smt.Y.D.Nagarathna – complainant filed the complaint before the K.R.Sagara Police Station and based upon her complaint crime came to be registered by recording FIR.
It is further alleged that house of the accused – Leela had connection of water tap and the complainant used to fetch water from the tap of the accused in her house for which there was some quarrel in between the complainant’s family and the accused family.
When the incident took place among Smt.Y.D Nagarathna and accused – Leela their children started shouting for help. In the meanwhile, accused who came outside along with the knife and also holding brick pieces which was laying in front of their house and accused thrown the same towards the complainant - Smt.Y.D Nagarathna and that brick hit on the head of the complainant.
Procedural History
The trial court (Fast Track Court, Srirangapatna) convicted the appellant in S.C. No. 174/2008 and sentenced her on 12.08.2011 and 17.08.2011. The appellant filed Criminal Appeal No. 942 of 2011 under Section 374(2) CrPC before the High Court of Karnataka. The High Court heard the appeal and recorded the factual matrix and investigation details up to the recording of witness statements by the investigating officer on 01.08.2008, but the judgment excerpt provided does not contain the final decision of the High Court.
Acts & Sections
- Indian Penal Code, 1860: 323, 324, 304(2)
- Code of Criminal Procedure, 1973: 374(2)
