& Ors. Vs. State of Karnataka  INSC 21 (8 January 2010)
APPELLATE JURISDICTION CRIMINAL APPEAL NO. 52 OF 2010 (Arising out of SLP(Crl.)
No.5197/2009) MARUTHI AND ORS. Appellant(s) :VERSUS:
O R D E R
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.
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 -2- 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
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/-.
heard the learned counsel for the parties.
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.
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
relates to the incident which occurred in 1998. Therefore, we request the High
Court to dispose of the criminal appeal as expeditiously as possible.
appeal is disposed of accordingly.
.....................J (DALVEER BHANDARI)
.....................J (A.K. PATNAIK)
January 8, 2010.