Maruthi & Ors vs State Of Karnataka on 8 January, 2010

                           IN THE SUPREME COURT OF INDIA
               CRIMINAL     APPELLATE JURISDICTION


             CRIMINAL APPEAL NO. 52            OF     2010
         (Arising out of SLP(Crl.) No.5197/2009)


MARUTHI AND ORS.                                      Appellant(s)
                           :VERSUS:
STATE OF KARNATAKA                                    Respondent(s)




                             O R D E R

Leave granted.

Appellant Nos.1 to 5 were tried for the commission

of offences punishable under Sections 147, 148, 341, 504,

506, 324, 326 read with Section 149 of the Indian Penal

Code (I.P.C.). The Trial Court did not find the

appellants guilty of the aforesaid offences and hence

they were acquitted.

The High Court, however, by the impugned judgment

reversed the order of acquittal and convicted all the

appellants for commission of offence punishable under

Section 326 of the I.P.C. and sentenced them to undergo

rigorous imprisonment for a period of three months and

to pay a fine of Rs.5,000/- each and simple imprisonment

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for two months for default in payment of fine. The

appellants were also convicted for commission of offence

punishable under Section 324 of the I.P.C. and sentenced

to undergo rigorous imprisonment for a period of three

months and to pay a fine of Rs.5,000/- each and simple

imprisonment for two months for default in payment of

fine. The sentences, however, were to run concurrently.

The appellants have been given benefit of set off under

Section 428 of Cr.P.C. by the High Court. PW-4 Balaji,

who sustained injuries on his head and back, was directed

to be paid compensation of Rs.25,000/-.

We have heard the learned counsel for the parties.

Looking to the facts and circumstances of this case, we

are clearly of the opinion that the High Court being the

appellate Court in this case, has not properly

appreciated the facts and questions of law involved in

this case. The impugned judgment, therefore, cannot be

sustained and is accordingly set aside. The case is

remitted to the High Court for deciding the criminal

appeal afresh after hearing the parties.

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The appellants have been released on bail granted

by this Court and they shall continue to be on bail till

the disposal of the criminal appeal by the High Court.

This case relates to the incident which occurred

in 1998. Therefore, we request the High Court to dispose

of the criminal appeal as expeditiously as possible.

The appeal is disposed of accordingly.

…………………J
(DALVEER BHANDARI)

…………………J
(A.K. PATNAIK)
New Delhi;

January 8, 2010.