(Ajay Rastogi and C.T. Ravikumar, JJ.)
Mallappa and Others _____________________________ Appellant(s);
v.
State of Karnataka and Others ____________________ Respondent(s).
Criminal Appeal No(S). 617 of 2022 (Arising out of SLP(Criminal) No(s).7805 of 2021), decided on April 11, 2022
The Order of the court was delivered by
Order
1. Leave granted.
2. This instant appeal is directed against the judgment dated 28th June, 2021 upholding the conviction of the appellants for the offences punishable under Sections 143, 147, 341, 353, 332, 333, 326 read with Section 149 IPC and Sections 39, 9 and 51 of the Wild Life Protection Act and Section 2(16) and 24(1) of the Karnataka Forest Act by the which each of the accused appellants was directed to undergo simple imprisonment for a period of two years and pay a fine of Rs. 10,000/- each, in default, each shall further serve sentence of six months simple imprisonment.
3. As per the case of the prosecution, on 7th March 2012, at about 10.00 a.m., PW-1 Chandrashekhar received credible information that in the forest area situated adjacent to backwaters of Anjanapura Dam, Doddamatti, a deer had been hunted and that all the accused appellants were sharing its meat. Acting on this credible information, PW-1-Chandrashekar, PW-2 Guruswamy and PW-3 Divakar went to the site along with other forest officials. They saw accused nos. 1 to 4 been at that place and sharing meat of the deer. They arrested accused nos. 1 to 4 and when they were being taken to the forest department jeep to bring them to Range Forest Office at Ayanur, some villagers came there and restrained them from taking away accused nos. 1 to 4. At that time, some altercation was taken place between the appellants and the forest officials and accused appellants pelted stones which resulted into injuries to the forest officials.
4. None of the accused appellants have any such criminal antecedents and in the spur of the moment, when they saw the forest officials who were taking away the accused appellant nos. 1 to 4, the other appellants also joined and tried to get free their own persons and, in this altercation, appellants pelted stones and assaulted the forest officials.
5. The learned trial Court, after examining the prosecution witnesses, held the appellants guilty and punished them for various offences referred to above, including under Section 326 IPC and sentenced each of the appellants to three years simple imprisonment and to pay a fine of Rs. 10,000/- each by judgment dated 6th April 2014.
6. On appeal being preferred by the present appellants, while upholding conviction, the High Court partly modified the sentence and reduced it to two years simple imprisonment and pay a fine of Rs. 10,000/- each.
7. We have heard learned counsel for the parties.
8. Looking into the circumstances in which the offence has been committed and also the fact that either of the appellants is not having any such past criminal antecedents and all of them have completed almost four months of their sentence by this time, while upholding conviction, we are of the view that the appellants shall be released on the period already undergone.
9. In addition, looking into the nature of injuries sustained, we consider it appropriate that let the sum of Rs. 2 lakhs towards compensation deposited in the Registry of this Court be transferred to the concerned Court of learned CJM, who shall release the sum of Rs. 2 lakh to PW-2 Guruswamy and a sum of Rs. 72,000/- which has been deposited with the trial Court, be released and paid to PW-3 Divakar after due verification, in addition to the fine imposed under the impugned judgment. Needful be done within four weeks.
10. The appeal is accordingly allowed. While upholding the conviction of the appellants, the sentence is modified to the extent undergone by each of the appellants. Their bail bonds stand discharged. Each of the appellants shall be released forthwith, if not required in any other case.
11. Pending applications, if any, shall stand disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7805/2021
(Arising out of impugned final judgment and order dated 28-06-2021 in CRLA No. 330/2014 passed by the High Court Of Karnataka At Bengaluru)
Mallappa & Ors.….Petitioner(s)
Versus
The State of Karnataka & Ors..….Respondent(s)
(IA No. 117095/2021 – Exemption From Filing O.T.)
Date: 11-04-2022 This matter was called on for hearing today.
(Before Ajay Rastogi and C.T. Ravikumar, JJ.)
For Petitioner(s) Mr. Shekhar G. Devasa, AOR,
Mr. Manish Tiwari, Adv. Mr. Shashi Bhushan Nagar, Adv.
Mr./Ms. Satvisa Pattanayak, Adv.
M/s. Devasa & Co., AOR
For Respondent(s) Mr. V.N. Raghupathy, AOR
Mr. Anand Sanjay M. Nuli, Adv.
Mr. Dharm Singh, Adv.
Mr. Agam Sharma, Adv.
Ms. Nandni Pandey, Adv.
Ms. Akhila Wali, Adv.
M/S. Nuli & Nuli, AOR
UPON hearing the counsel the Court made the following
ORDER
12. Leave granted.
13. The appeal stands allowed in terms of the signed order.
14. Pending application(s), if any, shall stand disposed of.
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