SIDDARAMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) Appellants call in question legality of the judgment rendered by a Division Bench of the Karnataka High Court holding appellant No.1 guilty of the offence punishable under Section 326 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC). Each of the accused appellants was sentenced to undergo rigorous imprisonment for 8 years and to pay a fine of Rs.500/-. The appellants and 9 others faced trial for offences punishable under Sections 143, 147, 341, 307 read with Section 149 IPC. The Trial Court convicted accused numbers 1 to 6 and 8 to 13 and sentenced each to undergo rigorous imprisonment for one year in respect of offences punishable under Sections 143, 147 and 341 read with Section 149 IPC, and in respect of offence punishable under Section 307 read with Section 149 IPC, each was sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.500/- with default stipulation. It had been reported to the Trial Court that accused No.7 died during the pendency of the trial. The judgment was assailed before the High Court both by the accused persons and State. While accused persons questioned conviction and sentence, State on the other hand prayed for enhancement of sentence. The appeals were disposed of as aforenoted.

(3.) Background facts in a nutshell are as follows: T. Kumar (the injured/P.W.7) is a resident of Annechakanahally. As his female child had been left by his wife in his father-in-laws place in Aramballi village of K.R. Nagar Taluk, he went to his father-in-laws place on 7.5.1990 to bring the child. On 8.5.1990 he stayed back there and on 9.5.1990 he was returning to his village Annechakanahally along with his child. His brother-in-law - Puttaswamy (P.W.4) accompanied him. When they came near Hosa Agrahara Railway Station, Puttaswamy proceeded further to purchase the tickets. By the time Kumara came near the signal cabin in Hosa Agrahara Railway Station, he saw all the accused standing near the signal cabin. They were armed with choppers. When they saw Kumara with the child, they suddenly came and surrounded him and before he boarded the train, the accused Nos.1 and 2 gave a blow on the right hand of Kumara by means of a chopper on account of which, Kumara sustained an injury and lost one of his fingers. He left his child, who was snatched by the accused No.11 Ramakrishna. Then all the accused together caught hold of Kumara and dragged him to a little distance and near the hedges at a distance of about 50 to 60 feet from the railway cabin, they began to assault him. His left leg was severely crushed by the assault and Kumara sustained injuries due to the assault on his right leg and other parts of the body also. In the meantime, Puttaswamy (P.W.4), who had returned to the place after purchasing tickets and Niruvanigouda (P.W.3) and Jayabharathi (P.W.1), who had come in the said train, which had arrived by that time at the railway station, saw the incident. When Nirvanegouda (P.W.3) and Puttaswamy (P.W.4) attempted to go near the accused to rescue Kumara, they were threatened by the accused. In the meantime, the train had left the railway station and the accused left the place and ran away. Kumara was grievously injured. Leaving others to look after Kumara, Puttaswamy took the child and went to his village to inform Kumaras father-in-law - Rajegowda (P.W.5). Karthikeyan, Railway Station Master (P.W.17), who had by then come to know of the assault, came to the spot. When Rajegowda and Annegouda assured him that they would shift the injured to the hospital and also inform the police, he returned to the office. In a tempo, the injured was shifted to Bherya Clinic. Since there was no sufficient facility to treat the injured, he was shifted to K.R. Nagar hospital. There, they were advised to take the injured to K.R. Hospital, Mysore and, therefore, the injured was taken there. Dr. B. Suhasini, Assistant Surgeon in K.R. Hospital (P.W.18) examined Kumara at about 12 noon and gave treatment. In the meantime, Kuchela Shetty who was the S.H.O. (P.W.13) of Saligrama Police Station had come to the hospital. He could not take the statement of Kumara, since Kumara was undergoing emergency treatment. Immediately after the treatment, at about 4.00 p.m. P.W.13 recorded the statement of Kumara. On the basis of the same, D.V. Suresh (P.W.16), who was P.S.I. of Saligrama Police Station (P.W.16) registered a case in Crime No.14/1990 and forwarded the FIR to the jurisdictional Magistrate. He went to the spot and conducted spot mahazar as per Ex.P5. He also took steps to apprehend the accused who were found absconding. The accused Nos.1 to 4 were arrested on 19.7.1990 and on the voluntary information furnished by them, choppers allegedly used by the accused for assault were recovered. The accused Nos.5 and 6 were arrested on 28.7.1990 and accused No.7 was arrested on 27.3.1991. Other accused were found absconding. Despite treatment, Kumaras left leg could not be saved and it had to be amputated in view of the grangrene that had set in by that time. After completion of the investigation, a charge sheet was filed against all the accused showing the accused No.11 absconding. Later accused No.11 Ramakrishna was arrested and a separate case registered against him was also tried along with S.C.No. 109/1990.