MANU/SC/0222/2021

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1438 of 2011

Decided On: 26.03.2021

Appellants: Rajendra and Ors. Vs. Respondent: State of Karnataka

Hon'ble Judges/Coram:
Sanjay Kishan Kaul and R. Subhash Reddy

JUDGMENT

R. Subhash Reddy, J.

1. This criminal appeal is filed by the Accused Nos. 2 to 5 in Sessions Case No. 162 of 2003 on the file of Fast Track Court-IV, Gulbarga, aggrieved by the judgment and order of conviction and sentence dated 22.02.2011 in Criminal Appeal No. 1812 of 2005 passed by the High Court of Karnataka (Circuit Bench at Gulbarga).

2. Sessions Case No. 162 of 2003 is a case chargesheeted by Shahbad Police Station in the State of Karnataka against the Appellants-Accused Under Sections 143, 147, 148, 324, 326, 307, 302 read with 149 of Indian Penal Code (IPC). For the aforesaid offences, they were tried by the Fast Track Court-IV at Gulbarga and by judgment dated 20.06.2005, the Appellants/Accused Nos. 2 to 5 and Accused No. 6 were acquitted for the charges framed against them. As the Accused No. 1 died during the pendency of the proceedings, case was abated against him.

3. Aggrieved by the acquittal of the Appellants, the Respondent-State has preferred Criminal Appeal No. 1812 of 2005 before the High Court of Karnataka. The High Court, by the impugned judgment and order dated 22.02.2011, has allowed the appeal partly and convicted the Appellants/Accused Nos. 2 to 5 for various offences they were charged with, and confirmed the acquittal of the Accused No. 6 (Smt. Shantabai). All the Appellants were sentenced for various offences as under:

(i) R.I. for a period of three months and to pay fine of Rs. 3,000/- each. In default, to undergo S.I. for a period of one month for the offence Under Section 143 Indian Penal Code.

(ii) R.I. for a period of one year and to pay fine of Rs. 4,000/- each. In default, to undergo S.I. for a period of three months for the offence Under Section 148 r/w Section 149 of Indian Penal Code.

(iii) R.I. for a period of one year and also to pay fine of Rs. 5,000/- each. In default, to undergo S.I. for a period of four months for the offence Under Section 324 r/w Section 149 Indian Penal Code.

(iv) R.I. for a period of two years and to pay fine of Rs. 6,000/- each. In default, to undergo S.I. for a period of five months for the offence Under Section 326 r/w Section 149 of Indian Penal Code.

(v) Life imprisonment and also to pay fine of Rs. 8,000/- each. In default, to undergo S.I. for a period of one year for the offence Under Section 302 Indian Penal Code r/w Section 149 of Indian Penal Code.

4. Stated in brief, the necessary facts and the case of the