NARASINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision is brought from the judgment of the Sessions Judge, Chikmagalur confirming on appeal the judgment of the Judicial Magistrate First Class, Kadur, in a case under Ss.448, 427 and 323 of the IPC convicting the petitioner-accused for those offences and sentencing them each to pay a fine of Rs.100 and in default to undergo rigorous imprisonment for two months.

(2.) The prosecution case emerged out of a family dispute, because A8 to A10 being brothers of PW.1 who is their sister, wanted to perform the marriage of her daughter PW. 6 with A4, but PW. 1 instead performed the betrothal ceremony with some other boy of her own choice. It was stated that on Friday the 29th of April 1973 the bridegroom party arrived for betrothal. These accused intercepted and raised their objections. Thereafter on the next day, that is, on Saturday the 21st of April 1973, PW.1 and her husband PW.3 called a panchayatj and wanted to settle the affair in that panchayat. On the following day which was Sunday dt.22nd April 1973, PW.3 went to the police outpost and got a police complaint written by one Govindappa, but he was referred to Ajjampura Police Station. Thereafter, the Sub-Inspector of Police, Ajjampur a deputed the Constable PW.11 and he arrived in the village some time on the evening of 22nd April 1973, when the betrothal ceremony was performed. Since these accused had their objections right from the beginning, they became infuriated and A2 and A5 went to the house of the police patel PW. 4 and assaulted him as the latter had facilitated the betrothal ceremony. Thereafter, these accused went to the house of PWs. 1 & 3 and created a sort of rampage there. They not only assaulted PWs.1 & 3 and a few others, but also damaged the personal effects kept kept in the house. They threw away the movables and also edibles and created almost a panic. Injuries were caused to PWs.1. 3, 8 and 10, the latter two being present at the time of the incident. Subsequently, these four persons were produced before the Doctor PW.2 and the injury reports were obtained. It was also stated by the witnesses that the assault was actually made over PWs.1, 3 and 5 to 10, the remaining PWs. did not receive discernible injuries so that they required no medical assistance. It was stated by PW1 that her elder brother A8 beat her with a chappal and thus dishonoured her within the meaning of S.355 of the Indian Penal Code.

(3.) For this incident the FIR was instituted on the next day and the offences imputed against the thirteen accused were under Secs.448, 427 & 323 of the IPC and against A8 also under S.355 of the IPC.