High Court Karnataka High Court

State Of Karnataka vs Marimuthu on 9 November, 2010

Karnataka High Court
State Of Karnataka vs Marimuthu on 9 November, 2010
Author: K.Sreedhar Rao K.N.Keshavanarayana
I

IN THE PHGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 9'?" DAY OF NOVEIVIBER, 2010
PRESENT:

THE HONBLE MR JUSTICE K. SREEDHAR 

THE HONBLE MR. JUSTICE K.N.KEsHAVAx§ARA"§iA1¥iA' A-

CRIMINAL APPEAL No.9 OF 2095'  » 

CRIMINAL APPEAL NO=._1 1  2.605 {A}. 4'   A - T

In Criminai Apnea} N0.9/  b
BETWEEN:

State of Karnataka  ._ .
By Inspector of Po1iCve,~--  _  '

H.D.K0te.    ._...AVV;F1fv)pe1Iant

[By  H.S'.5(T?haf1dra,:M.f;uI:1._' SP9]
1 . 5 -- -. 

 _S"/0. Rafiga.-swavmy.
'Aged~.ab0ut 55 years.

   -

W1'-t)'j_ Ganesh.
.Aged' about 45 years.

A "Bath are Residing at
K.Yedath0re Post,
N.D.Kote Taiuk. ....Resp0r1dems

*':[By M/s. P.Nataraju & Associates, Advocates]

E:



2

This Criminal Appeal is filed Under Section 378 (1)
and (3) of Cr.P.C. praying to grant leave to file an appeal
against the Judgment dated: 26.07.2004 passed by the
Presiding Officer, Fast Track Court«~IV, Mysore in
S.C.§\lo.221/2000 M acquitting the respondent.s--ac"cused
for the offence Punishable Under Sections 341"-a.r_'1"d_ 302
R/w 34 of IPC.  ' V.   " V.

IN CRIMINAL APPEAL No. 1 1/2005

BETWEEN:

State of Karnataka
By Inspector of Police,    V     '
H.D.Kote.  _ '-,._;iA'pp'ellant

{By Sri. H.S.Cl1andra.'_._Moul'_if, 
AND: P   "  A'

1- :i[Nagéfé31r1».e  0 . 1
"VS/'o I\/}ari1}j'atii.;;;  .
Aged about 

2.  *Santl1os_h',' 
" 0 o__1\/£ari'r11vut.11u,
}\ged"a_bout 22 years.

if  ai<»e"Residing at
K...Ye'da'tl1ore Post,
N.Dv.'Kote Taluk.  Respondents

2.   {By  P.Nataraju 81 Associates, Advocates]

This Criminal Appeal is filed Under Section 378 {1}

P  and (3) of Cr.P.C. praying to grant leave to file an appeal
2' "against the Judgment dated: 26.07.2004 passed by the

Presiding Officer. Fast Track Court«wIV., Mysore in
S.C.l\?o.335/2000 -- acquitting the resporidents-accused



3

for the offences Punishable Under Sections 341 and 302
R/W 34 of IPC.

These Appeals coming for hearing on this day,
Sreedhar Row, J., delivered the following; ' 

JUDGMENT

The respondents in Criminal

are accused Nos.1 and 4 and ‘re.sponlde’n_ts«.;in

Criminal Appeal No. 1 E /ZOVOSV arelraccuserdi

before the trial Court. The-Cease up and

separate charge sheetwas however all the

accused wereA’-secured”ajr’1d”both V’:thVe”:cases were tried

together V by. rt-IV, Mysore.

The _fact…*’disciosed that there was land

dispute het\2iIee.n’– thelaccused persons and PW.7. On

aboult”ll2.00 noon, when PWs.7, 8, 9 and

Wife of PW.7 were tilling the land,

the persons came to the land and objected

Accused No.1 pushed Palaniyamma to the

and the other accused trampled her. The

Fdeceased became unconscious. She was taken to the

H.I)._Kote Hospital. At the hospital, it was found that

‘xi

Palaniyarnma was dead. Thereafter, PW.7 lodged the

complaint on the same day at about 5.45

deceased was subjected to post mortem *

The autopsy report disclosed that”‘thepde_ath’4 to

Cardio Respiratory failure due

and compression of brain in the occipital”v_:re’gion’ has a V’

result of head injury, T he post ‘does not
disclose any other the deceased.

Though the committing the
offence 302 r/W 34 IPC, the
trial T’ of the charge under
Sections 34 IPC. However, accused

Nos_,*1~to 4 yv’ere”conyicted for an offence under Section

l and sentenced to undergo simple

a period of 20 days and to pay fine of

Rs’I’–]_,OOO/Q7 each. The State has filed the appeal

. challenging the acquittal of the accused persons under

$ect:ion 302 lPC.

3. The facts narrated above explicitly indicate that.

accused No.1 had no intention of causing death or had

the knowledge that the injury suffered by the deceased

is likely to cause death. Learned State Public

contended that in the context. of the medical

and oral evidence of the eye witnesses.’ the accused navel.

to be convicted for the offence

IPC r7w 34 IPC.

4. On thoughtfalllli;:onsi.d.:erlatig1;iA;p’.W; firid that the
accused cannotbe he1’d”ét1i:ilt§i’ 304 Part–II
IPC. not appear to
be proper, FIR and the evidence
disclos-ed’– No.1 who pushed the

deceasedl’ar_V1hdv.th’e._other:accused trampled her. The post

report”«does not disclose the corresponding

i~nj”uries:”o:fr1.Tthe body of the deceased to prove the

t1*arnp1i_r1.g:s:’jfliherefore, the proof of the overt acts of

accused’;.No.2 to 4 is not established. The act of accused

in pushing the deceased also cannot be considered

H an offence under Section 304 Part-II IPC so as to

attribute the knowledge of causing death by the said

act. The deceased was pushed on the mud surface and

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there are no boulders or stone at the spot. The deceased
was simply pushed by accused No]. The incident

happened in a state of quarrel. The deceased was'”aged

about 70 years. Under these circLm1star1ces¢,…._i_t –c:a;<n71otV.

be said that accused No.1 had the knowledge-.::oi'

death by such push. Therefore;thehorder of

recorded by the trial Court»ru;'1der'–Se{:tion

sound and proper and does for i-ntderfereéace.

5. Accordingly .    dismissed.

Sag;
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