State Of Karnataka vs Kaisarbaig

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 215-217 OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NOS. 5682-5684 OF 2013]

STATE OF KARNATAKA Appellant(s)

VERSUS

KAISARBAIG & ORS. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The State is before this Court, aggrieved by the

Judgment dated 22.06.2012 in an appeal filed under

Section 374(2) Cr.P.C. The respondents-accused are

charged for committing offences under Sections 147,

148, 323, 504, 307 read with Section 149 IPC. On

conviction, they were sentenced to undergo

imprisonment for a period of three years.

3. Having considered the nature of injuries, the

High Court converted the conviction to Sections 148

and 324 read with Section 149 IPC and sentenced them

to fine of Rs. 3,000/- each under Section 148 with a Signature Not Verified

default sentence and fine of Rs. 10,000/- each under Digitally signed by JAYANT KUMAR ARORA Date: 2018.02.09 16:47:18 IST Reason: Section 324 with default sentence. The fine amount

was directed to be paid to the victim – PW5. 2

4. The learned counsel for the respondents has

brought to our notice that the accused have already

undergone some period in jail. Apparently, this was

in the mind of the High Court while reducing the

sentence, in addition to the submission made by the

learned counsel for the respondents, that the parties

have since purchased peace.

5. Having heard the learned counsel for the State

and the parties, though this Court is also of the

view that the punishment, as ordered by the High

Court, is too low, however, having regard to the fact

that the respondents have already undergone some

period in jail and taking note of the fact that the

incident occurred in the year 2007 and since the

parties have purchased peace, we are of the view, in

the peculiar facts of this case, that no further

sentence of incarceration needs to be imposed.

However, the respondents-accused should be visited

with a higher amount of fine, which shall be paid to

the victim.

6. Accordingly, these appeals are disposed of,

imposing a total fine of Rs. 50,000/- (Rupees Fifty

Thousand) in addition to what has already been paid

to the victim. This amount shall be paid by the 3

respondents-accused to the victim – PW5 within a

period of three months from today and in that regard,

the amount shall be deposited in the trial court

within a period of two months from today. In the

event of default, the respondents-accused shall

undergo imprisonment for a period of three months.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ MOHAN M. SHANTANAGOUDAR ]

New Delhi;

February 02, 2018.

4

ITEM NO.19 COURT NO.4 SECTION II-C

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 5682-5684/2013

(Arising out of impugned final judgment and order dated 22-06-2012 in CRLA No. 3666/2010 22-06-2012 in CRLA No. 3563/2010 22-06-2012 in CRLRP No. 2606/2010 passed by the High Court Of Karnataka At Gulbarga)

STATE OF KARNATAKA Petitioner(s)

VERSUS

KAISARBAIG & ORS. Respondent(s)

(FOR PERMISSION TO COMPOUND THE OFFENCE ON IA 21867/2015)

Date : 02-02-2018 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

For Petitioner(s) Mr. V. N. Raghupathy, AOR

For Respondent(s) Mr. Sharanagouda Patil, Adv.

Ms. Supreeta Sharanouda, Adv.

Mr. Kalyan Bandru Krishna, Adv.

For M/S. S-legal Associates

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeals are disposed of in terms of the signed

non-reportable Judgment.

Pending Interlocutory Applications, if any, stand disposed of.

(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)