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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL  NO(S).  1415 OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NO. 9340 OF 2017 ]

MALLANNA & ORS.                               Appellant (s)

                               VERSUS

THE STATE OF KARNATAKA & ANR.                 Respondent(s)

WITH

CRIMINAL APPEAL  NO(S).  1416 OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NO. 9514 OF 2017 ]

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. Heard  Sh.  R.  Basant,  learned  senior  counsel

appearing  for  the  appellants  and  Mr.  V.  N.

Raghupathy, learned counsel appearing for the State.

Accused No. 1 has been been convicted under Sections

354 and 448 IPC read with Section 3(1) (xi) of the

SC/ST (Prevention of Atrocities) Act, 1989, whereas

Accused Nos. 2, 3 and 4 have been convicted under

Section 448 r/w 34 IPC read with Section 3(1)(x) of

the Act in Special Case No. 22 of 2010.

3.  The following order was passed on the sentence :-

“The accused No.1 Bhikshawath is hereby

convicted  for  an  offence  punishable

U/sec.448  of  Indian  Penal  Code  and

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sentenced  to  undergo  simple

imprisonment for a period one year and

to  pay  a  fine  of  Rs.  1000-00.   In

default to pay fine, the accused shall

further undergo simple imprisonment for

a period of three more months.   

Further, the accused No.1 is hereby

convicted  for  an  offence  punishable

U/sec.  354  of  Indian  Penal  Code  and

sentenced  to  undergo  simple

imprisonment  for  a  period   of   two

years and to pay  a fine of  Rs. 1,000-

00.   In default to  pay fine, the

accused  shall  further  undergo  simple

imprisonment for a period of three more

months.   

Further, the accused No. 1 is also

convicted  for  an  offence  punishable

U/sec. 3(1)(xi) of SC/ST (Prevention of

Atrocities) Act 1989 and sentenced to

undergo  simple  imprisonment  for  a

period of two years and to pay fine of

Rs. 1000-00.  In default to pay fine,

the  accused  shall  further  undergo

simple  imprisonment  for  a  period  of

three more months.   

The accused No. 2 Mallanna, accused

No.  3  Anaveerappa  and  Accused  No.  4

Basavaraj are  also convicted  for the

offence punishable u/sec. 448 R/w of 34

of Indian Penal Code and sentenced to

undergo  simple  imprisonment  for  a

period of one year and to pay a fine of

Rs. 500-00 each.  In default to pay

fine, the accused shall further undergo

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simple  imprisonment  for  a  period  of

three more months.   

Further, the accused No. 2, 3 and 4

are  also  convicted  for  an  offence

punishable  u/sec  3(1)  (x)  of  SC/ST

(Prevention  of  Atrocities)  Act,  1989

and  sentenced  to  undergo  simple

imprisonment for a period of one year

and to pay a fine of Rs. 500-00 each.

In  default  to  pay  fine,  the  accused

shall  further  undergo  simple

imprisonment for a period of three more

months”

4. The conviction has been upheld by the High Court.

An affidavit dated 22.08.2017 filed by the defacto

complainant  has been  produced before  us by  way of

additional  documents.   Paragraphs  2  and  3  of  the

affidavit read as under :-

“2. The deponent is the complainant,

the deponent says and submits that the

incident  in  question  took  place  on

27.01.2008  between  her  and  the

Petitioner.  In the said incident she

is the victim.  The learned District &

Sessions  Judge,  Yadagiri  by  his

judgment and order dated 08.06.2011 had

pleased to convict the petitioner for

the  offence  punishable  under  section

448,  254  of  IPC  &  U/Sec.  3(1(xi)  of

SC/ST  (Prevention  of  Atrocities)  Act,

1989.   The  petitioner  thereafter

preferred  Criminal Appeal  No.3607/2011

before  the  Hon’ble  High  Court  of

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Karnataka.  The Hon’ble High Court by

its judgment and order dated 28.04.2017

has pleased to confirm the judgment of

the  Ld.  Trial  Court.   Thereafter

Petitioner has filed the Special Leave

Petition before this Hon’ble Court and

the same is pending for consideration.

3. That the deponent further submits

that  the  incident  in  question  took

place on 27.01.2008 i.e. almost before

09 years due to misunderstanding and in

the spur of moment.  The Petitioner and

the deponent to the same clan and they

all live in same city.  With passage of

time,  the  relations  between  the

petitioner and the deponent have been

very cordial.  The petitioner and the

deponent are now closely related.  The

petitioner’s  land  and  deponent’s

families  participate  in  the  functions

of  each  others.   With  the  huge  time

gap,  the  grudges  amongst  each  other

have  vanished  away  and  have  taken  a

shape of friendship.  The petitioner is

the only earning member of the family.

They  have  old  age  parents,  wife  and

children  to  look  after,  their  entire

family would suffer irreparable loss if

the petitioner go behind bars at this

stage.  The deponent does not have a

slightest desire to make the petitioner

undergo  the  remaining  sentence.

Therefore, in the interest of both the

parties and so also in the interest of

the peace and harmony between both the

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families, the complainant has filed his

affidavit  seeking  permission  to

compound the offence”     

5. We have also gone through the evidence available

on  record.   Having  heard  the  learned  counsel

appearing  on  both  sides  and  also  the  defacto

complainant, we are of the view that the conviction

need be sustained only in the case of Accused No. 1.

Accordingly, the appeals are allowed as follows :-

i) The conviction of Accused No. 1 under Sections

354  and  448  IPC  read  with  Section  3(1)(xi)  is

sustained.  The mandatory minimum period of sentence

is  six  months.   We  are  informed  that  the  first

accused has undergone a sentence of around one year.

Therefore,  the  sentence  is  limited  to  the  period

already undergone.

ii) As far as Accused Nos. 2, 3 and 4 are concerned,

we set aside their conviction and acquit them of the

charges.     

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

.......................J.               [ HEMANT GUPTA ]  

New Delhi; November 19, 2018.