B.T. CHANDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein filed this revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure being aggrieved by the judgment of conviction and order of sentence dated 7-10-2009 passed by the III Additional Chief Metropolitan Magistrate, Bengaluru, in Criminal Case No.11515 of 2004 and confirmed by the Additional Sessions Judge and Presiding Officer, Fast Track Court-12, Bengaluru, in Criminal Appeal No.871 of 2009 dated 6-7-2011.

(2.) The petitioner is the accused and the respondent - State is the complainant before the trial Court. The ranks of the parties before the trial Court are retained for the sake of convenience.

(3.) The factual matrix of the case of the prosecution in brief is that P.W.5, Krishnappa, who is the Commandant in the third Battalion, K.S.R.P., Bengaluru, filed a complaint to the respondent - Police alleging that on 12-11-2003 at about 7:30 p.m., when he was in his Office, the accused being the Head Constable, working under him, entered into his chambers and questioned his authority to issue an order under Rule 7 and thereby postponing his increment and for issuing an order under Rule 6 for holding departmental enquiry against the accused. The accused started scolding the complainant for initiating the departmental enquiry and not granting leave, etc. When the complainant requested the accused not to raise voice against him and requested P.Ws.1 to 4, who are working under him, to advise the accused not to behave in such a manner, but the accused did not heed for the advise and threatened the complainant to remove his limbs and challenged to take action against him and threatened that he will commit suicide by leaving a death note against the complainant and others. After receiving the complaint, a case in Crime No.1377 of 2003 was registered against the accused for the offences punishable under Sections 504 and 506 of the Indian Penal Code (for short, 'the I.P.C.'). Later, a charge-sheet came to be filed for the offences punishable under Sections 504 and 506 of the I.P.C. On framing of the charges, the accused pleaded guilty and claimed to be tried by denying the charges. Thereafter, the prosecution called upon to adduce evidence. Prosecution has examined five witnesses as P.W.1 to P.W.5 and two documents. After completion of trial, the trial Court found guilt of the accused for the offences punishable under Sections 504 and 506(B) of the I.P.C. The accused was sentenced to pay a fine of Rs.500/- for the offence punishable under Section 504 of the I.P.C. and in default of payment of fine, to undergo simple imprisonment for twenty days and to undergo simple imprisonment for six months for the offence punishable under Section 506(B) of the I.P.C. Later, the accused preferred an appeal before the Presiding Officer, Fast Track Court-12, Bengaluru. By judgment dated 6-7-2011, the appeal came to be partly allowed and the learned Sessions Judge acquitted the accused for the offence punishable under Section 504 of the I.P.C. and confirmed the sentence passed for the offence punishable under Section 506(B) of the I.P.C. Being aggrieved by the same, the petitioner preferred this petition on various grounds.