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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 12th 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.

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

the deceased-Siddaramreddy went to his field along with his

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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

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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.