{N THE men coma' OF' KARNATAKA AT B\AN<1aL143R;P§&J 5 &'
DATED THISTHE 31%? DAY or MAY' 4%
BEFOREV V' ' é V
THE HOWBLE
CRIMINAL
mm". L
1.
GOUDARAJAYANNA,
S/OBALANA scum’; ‘
2.GoU1:>ARA JA;\aria)LN:$’ir’»f ‘.
SfO.HAE.ANA V<3QUm.'–
BOTH ARE A:,GR1c.1II::t:R1sTs. . %
R/o.'rH1PPEm_.Ha'u; 'VILL.'&GE,4 '–
KUDIJGITALIJK, ' _ –
BELLARY DIST. . . ” . .. APPELLA.:~rrs
_ ¢ (13? ADV.)
THE”‘8TA’i’EA ei%?mxie§i.sfi*AKA.
=.___,Bv P.S.l.HOSAHAi;Ll
mum: at-?rA1fsma,
M Kupuea ‘r.s;.u;v:,
u ..»-Vganagav nssfr; .. aasmmmsm’
vgaijsn: HHANUMANTHARAYAPPA, H.C.G.P.)
iiiiii
‘ THIS CRL.A. IS FILED U/S. 374$! CR.P.C. AGAIN?!’ THE
D’1′.’23/4/W04 PASSBED BY THE RO. FAB!’ TRACK
V. COUR’I’-II. BELLARY. IN S.C.NO.55/99 — CONVICHNG THE
APPELLANTS/ACCUSED FOR THE OFFENCES P! U /8353 AND 324
.4
F’-.
1-‘ //’
an
I
R/VI sx«:c.34 or IPC AND smrrrzncviximv 2 4_
APPELIANPS/ACCUSED To UNDERGO s.1,V1-‘on Auosrna ” M’
on EACH coum’ AND To PAY A F:NE:;’OI«'”_Ra..;;nooj-
EACH counrr i.c., ma THE OF’-FENCE t–‘:(U;$.3’53TTA1§.Au.
sac 34 0? IPC AND 1.0.. OF PAYMENT 05′ ME To e;Nz:2,ggo_V’:s.i; >
FOR our: MONTH EACH on EACH *i’§iE”Ei.=IB€rANl1VE
SENTENCE on BOTH coums SHAL.L—-RUN cgnssctrmvgav.
‘ms APPEAL coMxNe14b§{%A1*0z2A}i§sAI:§lr§G.Afriz;s mw. coum
DELNEREDTHE FOLLOWI’N:G:””»–::” V « 1′ ”
Abe’ passed by the Fast
Track wlmmby, fire Court
353 and 324 r/w Section 34 d’
pay lime of Rs.l,000/- few ml a%u:.=e
‘:’_40f»pe;yme11t owns emmmt to umczgo al. for one momh.
2. Maing’ommds1n’gadbythe#mtaI’cti)at
fllmememeyewimessesmflwhxflderrgtlncvidenecof
‘,7-.
-z 3 3-
P.Ws.l and 7 does not mrmborate with evidence of P.W.2
Nagabhushan and the appclhnts wen: convicted
months from the dam of
pmmcution way, P.W.5 and 6
the evidence of P.Ws.5 and fivdees M eke
are the eye witnesw. the
ofiiiznoe 324 of we is totally
of P.Ws.l and 7 am quite
who had enltw P.W.2. If a navy
k % stone”‘iikev~..’§5.’C;.7 was put on the body of P.W.2, it would
but no such injuries were found.
3.’ The can of the mm’ in brief me that
T was working as Extra Department Mail Curie!’
.ukEDMC)a1;PoojaralliPost0mocandhcisa1£dentof
Poojaralliamd he was appomted by EDMC.iust 8 months
/’I
V…
. , ,/
‘-[J ,4/’
pr/’ ‘
./’/I
. ..
_;-v
priortottmeaflagcdincident.
on 24/9/1993 at about 9 a.m. P.W.2 _
post olficc bags from Poojmalli to ” *
his bicycle am: giving the bag
wlm he was cm the wgy
bridge, appellants 1 bush and
appellant No.1 and due to
imta’ ac} 1; of the pam’ , he fell
down fizz: both the appellants
assaulm. “w!it;h’~f1aidsA;..kiclaed man and «aw him
. ….. hug m M mag in W
on his neck and [named and by the
V sound of a bus mm, thca’d’ore, they
-%.. made’ the btmh mld amused in Vulgar
_ _4pnst§ofEDMC bccaum of P.w.2/oompxammn; and then hit
X%*~15.w.2 with stone on his chem, back, right knee, left foot
mmdlefiuppcrflnfiazldcauaedflinteznalinjxnies. Inmta
ef the mquest made by P.W.2 they ammmj
stones. It is the further case
P.Ws.4, 5 and 6 who came
canal saw P.W.2 xym in o.e.p.w.4 k %
informed police and of P.W.1
shifted to the tnsa-bed by
P.W.7. were arrested and
punish:j1′:31s_1n§le:§f_.353, 307, 394 r/w Section 34
‘~ ‘ . . . . . . – tm
l and Zforan
under Sectians 353, 307 and 394 r/w
tho accused/appellants, timed in all 13
mfi IO doct.xmcx1tsw!:rexnarked m 353.121 to
4 M
P. 10 and Ex.D. 1 a portion of the stat:-.-meat was
Apart fmmthatthc prosecution mar_Jked_M.O8§’i’£q!§§”: % k
5. After rccordmg’ the mcatcmeisg
alter hearing the arguments A
r/w Section 34 of
5._;£ of the mum counsel
appellants and the learned H.C.G.P.
% j
by the learned coimscl fin’ the
than arm-‘ no iota of evidence to ham a
to 001% the appellants for an oficnoc under
‘ V . _ 353 and 324 ofIPC. There are no indepclxicnt eye
to the hmidmt ‘lb: so called witr% P.Ws.
4,5and6havenotspokentoabouttheassaulttngofthc
4!:
.- 1-M
deceased by the appcllmlts or seeing
of p.w.2 Nagabhuahan the HThc
evidence or P.W.l aid
examining P.W_.2 on the
body of 1>.w.2. that he noticed
three intmnal orpm the evidence’ of
P.Ws.1 even than this Court
has “‘–.f:§6f§.c;lusion in c:onv1ct1ng’ ‘ the
far pfimshabxe under Socfions 353
ma Semozz- : 34 ofIPC. The ma: Court oomicma
on the simple gmum’! that -the
yav1i)pc_ abacondmg’ fmtwo mmxths. Eris
: the accused may almond no mm’ the
at the hands of the police. There must be
clinching evidence that the appelfi were
répansibic for cauahzg injurics on the person of P.W.2.
accused persons unda the mumption and
that the appellants obsuuctcd P.w.2% m ”
and manna him with scon§a.1§a%th k %
It is submitted that E:-.3 and
hence, prayed for (‘if
3. On kkri.§:.(;.p. snbmittod
that the mofiiff: are injured eye
wactitioner,
zerused instmmc ofthe police he
Accordmg to his version,
I mexrdiscmm that many the injured
takfi ” P.’W.1 by P.Ws.5 and 6 and prior to that
V V information about the msault. Since he was
fc<mz:§cious, it was the duty at' the police to pmvide
to the injured person and ttmtfma, they took
him to P.W.1 and mm to P.W.7. meme is good
49:-
circumstantial evidence to show that on that _
5 and 5 saw me injured xyam in ‘ v
removed the stmzcs which were
the injured to the Govt. fi;a’__’-If” sfltflmcm
to corrobowate that there asmuit which
sutrcmd It is 3.180
argued issued by P.W.7
cl? ‘ some mimics wmcd
ware fidble for the
trial Court is day: in convmng
and sentence pmaed by the trial Court
from any ilfi-‘tics or ‘ ‘ or
9. Havinghcard tlmmgtmentsofthclcarrmd
%%%%%¢kounse1%m’gonboms;aos’ ,thepointtl1ntanac8′ Ear
my consideration and decision is whether the judgmmt
419:-
and order of conviction passed by the
capricious or without proper
10. It is an k
appoamed as EDMC mag”; «Lt; was
appointed just 7 to s me-xient”
of assault. To a servant the
pmeecutitm % §~j&i:§ namely P.W.8.
His 1998 at about 10.30
am. P.W.’é’*g§t poojmm and delivered
1} He idenwied the said post up
sci zw under a mahazar. The evidence’ of
of P.W.2 to the hospital on amount a
4’i”;’.3:5;3’i’°ag’:5iYPfi0h@andl1ewex1ttofl1ehos;fitalatahom6
lying sin the G . This emmoe men to
Show that P.W.2 was worlwmg as EDMC in the Pedal
if _
-:11:—
Deparment attabhcd to Poogamu Post _
assaulted and admitted in the t,lV3i5 ‘ »
fact has not been seriously disputéej.
wfithregaxdtoflmcallepd
the incident of was
fiPP0inted as EDMC m On
2419/ 1993 he gag mung
letters, -§i1’&a and when he
came on his face and
oonseqm=:ntIy;&im% then he was manna and
_ “” ti ‘ ‘ he was assaulted. kbked
his chest. To that effect, the evidence’
6 discloses that on that day P.W.2 was
‘ ” and the $1 bag were also scattened in
and P.W.2 was unconscious and Ihemforc, they
_ s.§1ii’icd him to wan clinic. Initially, P.W.l rdixsed to
“pmv:denwad:ca1n«mmncn1tandsmoeponoeta1dnaanunt:t
isamedioolegalcaseandtheflovtdoctorwasnot
gr//’ix:
\
_ ,4 _
, ..’i:4’«””‘/'”
\
ma’;
412:-
availahle and at the request of the police he
to P.w.2 and his reapziration was 1;ao’t’easy Vk
he was taken to P.W. 1, where the
Iworded the police and U ‘ for ‘V V
himsr medical t1eat1nc:3i’;.__’ stated
person of P.W.2, P.W.2
when he wake Ex.P. I is the
but in the course of
examm2..’ fi;w_.1e that the eyes of P.W.2
was dimcult and them was
x§e–.. but me patient was complaining of
A mtmnai frnemfom, them is little vammn in the
‘ -11?. According to P.W.’7, he examined P.w.2 m the
‘:’_4G9vat. . met’ Hospital at Clilitxadtw at about 2.10 p.m.
on 25/9/1993 and we on 2/10/1993 am found
I
V’,
r; ::.:..»/ . I
<11' 'j"':'~\
413:-
that the injuries am simple in nature. Of
injured witnms is the best mm’ . 1=.w.2
injtned mum has deposed with mgaw no ‘ ‘ A
the manner in which the
24/9/1993 at about 1.39 k %
and found that the .91’ pm in Hm
body and also gr assault by the
mmna mi am” .3 am that the
comp1anms;::.%w.2kha§ the history to P.W.7 the
am the Then: an
j that on that day, P.W.2 who was
Va pubiic ” was %ulted- and was waybid near the
_ , ‘ Ofcourse, the wution wimd P.Ws.5
me the eye wiizml E0 the maiden’ t. But in
case, P.Ws.5 and 6 have not angina the
cascoftI1cpa*osecutixx1andt1m*cvide11cegoa1z)show
thatP.Ws.5and6amthe<:i:1:1matantialwimesaesand
_ . ,.»r"
, , – – , ,/
4149-
evmm° % ofP.W.2 ooupm with the Y
7 and also the czimmnstanml ‘ta’
discloses that on that day men
made- by the appellants on the ” ‘I’l’I€m3?3IS
the trial Court has that
they are the P.W.2
anuwmg him mo the nah.
oftheevidence phased on record by
% -mmmc, ms liable
12. , this appeal is aisznw as devoid
Sdf
Judgé
‘Mn
