State Of Karnataka vs Yenkareddy

NON-REPORTABLE IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No(s). 144 OF 2009

STATE OF KARNATAKA Appellant(s)

VERSUS

YENKAREDDY & ORS. Respondent(s)

J U D G M E N T

BANUMATHI, J.:

(1) This appeal arises out of judgment dated 12 th August, 2003

in Criminal Appeal No.1301 of 2000 by which the High Court set

aside the conviction of accused No(s).4 and 5 giving them the

benefit of doubt; conviction of accused No(s).1, 2, 3 & 7 was

modified from the offence under Section 302 I.P.C. to one under

Section 304 Part-II and sentencing them to undergo imprisonment

for a period of five years and accused No(s).2, 3 & 7 were

given set off for the period already undergone by them and as

accused no(s).1 has already undergone the sentence he was set

at liberty.

Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.09.13 13:14:51 IST Reason:

(2) The case in nutshell is as follows. On 29 th January, 1995

the deceased-Siddaramreddy went to his field along with his 2

wife, Annapoornama (PW-3), and daughter, Tayamma (PW-4) for

keeping watch over the harvested crops. The respondents,

accused no.1 to 8, are said to have formed an unlawful assembly

and attacked Siddaramreddy by beating him with clubs.

(3) Upon appreciation of evidence, the trial court found

accused No.1 guilty for the offence punishable under Section

302 I.P.C. and accused No(s).2 to 5 and 7 were found guilty for

the offence punishable under Section 302 I.P.C. read with

Section 149 I.P.C. In the appeal, the conviction of accused

No(s).4 and 5 was set aside and they were on the ground that no

specific act was attributed to them. So far as the other

accused, the conviction of accused No(s).1, 2, 3 and 7 was

modified into Section 304 Part-II read with Section 149 I.P.C.

as aforesaid.

(4) Being aggrieved by the acquittal of accused No(s).4 and 5

and also the modification of the conviction as well as the

reduction of sentence of imprisonment in respect of other

accused, the State is before us.

(5) The respondents though initially entered appearance

through a counsel but by the time when the matter was taken up

for hearing learned counsel appearing for the respondents had

become the standing counsel of the State of Karnataka.

Therefore, the respondents-accused were remained unrepresented.

We have heard Mr. Joseph Aristotle S., learned counsel

appearing for the appellant-State, who has taken us through the 3

impugned order. We have also perused the materials on record.

(6) So far as acquittal of accused No(s).4 and 5 are

concerned, the High Court has held that even though

Annapoornama (PW-3) has mentioned the names of all the accused

in the complaint, she has not attributed any overt act to

accused No(s).4 and 5 and the High Court observed that in the

absence of any specific overt act attributed to accused no.4

and 5 they cannot be held guilty under Section 302 I.P.C. which

in our considered view cannot be said to be unreasonable

warranting interference by this Court. Insofar as the

modification of the conviction from Section 302 I.P.C. to

Section 304 Part-II I.P.C. and the reduction of the sentence of

imprisonment in respect of other accused are concerned, the

High Court has recorded its reasoning in para ‘15’ of the

order. The High Court has observed that accused No.1 alone had

previous enmity with the deceased-Siddaramreddy and the other

accused appeared to have joined accused no.1 only to help him.

Considering the weapons used, namely, sticks and the nature of

the injuries, the High Court thought it fit to modify the

sentence of imprisonment under Section 302 I.P.C. to Section

304 Part-II I.P.C. Occurrence was of the year 1995 and at this

distant point of time and also in view of the findings by the

High Court in para “55”, we are not inclined to interfere with

the impugned order.

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(7) In the result, the appeal is dismissed.

..........................J. (R. BANUMATHI)

..........................J. (INDIRA BANERJEE) NEW DELHI, SEPTEMBER 6, 2018.