Habbalappa Dundappa Katti & Ors. Vs. State of Karnataka
EmailAppeal: Criminal Appeal No. 537 of 1992
Petitioner: Habbalappa Dundappa Katti & Ors.
Respondent: State of Karnataka
Apeal: Criminal Appeal No. 537 of 1992
Judges: DR. A.S. ANAND CJI, R.C.LAHOTI & SHIVARAJ V. PATIL, JJ.
Date of Judgment: Feb 14, 2001
Head Note:
CRIMINAL LAW/PRACTICE AND PROCEDURE
Criminal Procedure Code, 1973
Section 29 – Sentence – Eight persons tried for various offences under Penal Code – All acquitted in September, 1987 – On appeal, all convicted in June, 1992 for offences under Sections 147, 148, 326/149 IPC – Released on bail in August 1992 – SLP being dis-posed of in February 2001. Held that appellants need not be sent back to jail. Sentence reduced to period already undergone but fine increased as no act prejudicial to law and order had been committed. (Paras 5, 6)
JUDGEMENT:
ORDER
1. For an occurrence which took place on 29th July, 1986, nine persons were charged for offences under Sections 147, 148, 447, 325, 307, 302, 326, read with Section 149 IPC. Two persons name-ly, Kathalsab and Govindappa succumbed to their injuries and died, while Husensab, brother of Kathalsab, received injuries during the said occurrence. After recording evidence, the trial court vide order dated 11th September, 1987 acquitted all the eight appellants (Accused- 9 was absconding and was not tried) of all the offences. On appeal by he State, the High Court of Karnataka vide judgment dated 9th June, 1992 set aside the ac-quittal of the eight appellants for offences under Sections 147/148/326/149 IPC while maintaining their acquittal in respect of other offences. The appellants were directed to undergo vary-ing terms of imprisonment for offences under Sections 147/148/326/149 IPC. The maximum sentence awarded for the offence under Section 326/149 IPC was four years’ rigorous imprisonment.
2. The appellants have questioned their conviction and sentence through the present appeals by special leave.
3. After the appellants surrendered and furnished proof of sur-render, leave was granted on 27th August, 1992 and vide order dated 28th August, 1992 all the appellants were directed to be released on bail on each of them executing a bond for a sum of Rs. 5,000/- with two sureties for the like sum to the satisfac-tion of the Sessions Judge, Bijapur. At present they are on bail.
4. Mr. R.K. Jain, learned senior Counsel appearing for the ap-pellants has questioned the conviction and sentence of the ap-pellants but having regard to the evidence led in the case and the findings recorded by the High Court which to our mind are cogent and sound, we find that conviction of the appellants for various offences as noticed above is well merited and is support-ed by the evidence on record. Faced with this situation, learned Counsel for the appellants confined himself to the question of sentence only.
5. The occurrence took place as early as in 1986. The appellants were acquitted by the trial court vide order dated 11th Septem-ber, 1987 and after their conviction for offences under Sections 326/149, 147 and 148 IPC by the High Court on 9th June, 1992, they were directed to be released on bail vide our order dated 28th August, 1992. In our opinion keeping all these factors in view it would serve the ends of justice if the appellants are not now sent back to jail, as indeed nothing has been brought to our notice to show that after their release on bail they have acted in any manner prejudicial to law and order. We, therefore, reduce the substantive sentences of imprisonment of the appellants to the period already undergone by them for the various offences for which they have been convicted but we sentence each one of them to pay fine in addition to the sentence of imprisonment already undergone.
6. Appellants no. 1 to 7 (in Criminal Appeal No. 537/1992) shall pay a fine of Rs. 15,000/- each and appellant Venkappa Dundappa Katti (Appellant in Criminal Appeal No. 18/1993), who has under-gone comparatively lesser term of imprisonment than the other appellants, shall pay a fine of Rs. 25,000/-. In default of payment of fine, appellants no. 1 to 7 (in Criminal Appeal No. 537/1992) shall undergo rigorous imprisonment for one year each and appellant Venkappa Dundappa Katti (appellant in Criminal Appeal No. 18/1993) shall undergo rigorous imprisonment for 18 months. The fine shall be deposited by the appellants in the trial court within 8 weeks. In case the appellants fail to depos-it the amount of fine in the trial court within the stipulated period, they shall be taken into custody to undergo the sentence in default of payment of fine and their bail bonds shall stand cancelled. Fine on realisation shall be paid in the following manner :
7. Each set of heirs of, Kathalsab and Govindappa, shall get Rs. 50,000/- (Fifty Thousand). Husensab injured shall receive a sum or Rs. 30,000/- (Thirty Thousand).
8. With the aforesaid modification in the sentence, the appeals are disposed of.
1. For an occurrence which took place on 29th July, 1986, nine persons were charged for offences under Sections 147, 148, 447, 325, 307, 302, 326, read with Section 149 IPC. Two persons name-ly, Kathalsab and Govindappa succumbed to their injuries and died, while Husensab, brother of Kathalsab, received injuries during the said occurrence. After recording evidence, the trial court vide order dated 11th September, 1987 acquitted all the eight appellants (Accused- 9 was absconding and was not tried) of all the offences. On appeal by he State, the High Court of Karnataka vide judgment dated 9th June, 1992 set aside the ac-quittal of the eight appellants for offences under Sections 147/148/326/149 IPC while maintaining their acquittal in respect of other offences. The appellants were directed to undergo vary-ing terms of imprisonment for offences under Sections 147/148/326/149 IPC. The maximum sentence awarded for the offence under Section 326/149 IPC was four years’ rigorous imprisonment.
2. The appellants have questioned their conviction and sentence through the present appeals by special leave.
3. After the appellants surrendered and furnished proof of sur-render, leave was granted on 27th August, 1992 and vide order dated 28th August, 1992 all the appellants were directed to be released on bail on each of them executing a bond for a sum of Rs. 5,000/- with two sureties for the like sum to the satisfac-tion of the Sessions Judge, Bijapur. At present they are on bail.
4. Mr. R.K. Jain, learned senior Counsel appearing for the ap-pellants has questioned the conviction and sentence of the ap-pellants but having regard to the evidence led in the case and the findings recorded by the High Court which to our mind are cogent and sound, we find that conviction of the appellants for various offences as noticed above is well merited and is support-ed by the evidence on record. Faced with this situation, learned Counsel for the appellants confined himself to the question of sentence only.
5. The occurrence took place as early as in 1986. The appellants were acquitted by the trial court vide order dated 11th Septem-ber, 1987 and after their conviction for offences under Sections 326/149, 147 and 148 IPC by the High Court on 9th June, 1992, they were directed to be released on bail vide our order dated 28th August, 1992. In our opinion keeping all these factors in view it would serve the ends of justice if the appellants are not now sent back to jail, as indeed nothing has been brought to our notice to show that after their release on bail they have acted in any manner prejudicial to law and order. We, therefore, reduce the substantive sentences of imprisonment of the appellants to the period already undergone by them for the various offences for which they have been convicted but we sentence each one of them to pay fine in addition to the sentence of imprisonment already undergone.
6. Appellants no. 1 to 7 (in Criminal Appeal No. 537/1992) shall pay a fine of Rs. 15,000/- each and appellant Venkappa Dundappa Katti (Appellant in Criminal Appeal No. 18/1993), who has under-gone comparatively lesser term of imprisonment than the other appellants, shall pay a fine of Rs. 25,000/-. In default of payment of fine, appellants no. 1 to 7 (in Criminal Appeal No. 537/1992) shall undergo rigorous imprisonment for one year each and appellant Venkappa Dundappa Katti (appellant in Criminal Appeal No. 18/1993) shall undergo rigorous imprisonment for 18 months. The fine shall be deposited by the appellants in the trial court within 8 weeks. In case the appellants fail to depos-it the amount of fine in the trial court within the stipulated period, they shall be taken into custody to undergo the sentence in default of payment of fine and their bail bonds shall stand cancelled. Fine on realisation shall be paid in the following manner :
7. Each set of heirs of, Kathalsab and Govindappa, shall get Rs. 50,000/- (Fifty Thousand). Husensab injured shall receive a sum or Rs. 30,000/- (Thirty Thousand).
8. With the aforesaid modification in the sentence, the appeals are disposed of.
