SELVA @ SETU vs THE STATE BY MM HILLS
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE B.PRAMOD
CRIMINAL APPEAL NO. 1546 OF 2021 (C)
BETWEEN:
SELVA @ SETU
S/O MADESH,
AGED ABOUT 23 YEARS,
R/O BILIGUNDLU VILLAGE,
PENNAGARAM TALUK,
DHARMAPURI DISTRICT,
TAMILNADU STATE-636 810.
…APPELLANT
(BY SRI. SURESH H.S., ADVOCATE)
AND:
THE STATE BY MM HILLS
POLICE STATION, KOLLEGAL
REPRESENTED BY SPP, HCK,
BANGALORE-560 001.
…RESPONDENT
(BY SRI. VIJAYKUMAR MAJAGE, SPP-II ALONG WITH
SMT. SOWMYA R., HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C., PRAYING TO
Digitally
signed by
LAKSHMI T
Location:
High Court
of Karnataka
CALL FOR RECORDS OF THE COURT BELOW AND SET ASIDE
- 2 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE
PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, AT CHAMARAJANAGAR, SITTING AT KOLLEGALA DATED
01.04.2021 IN S.C.NO.5171/2018 FOR THE OFFENCES
PUNISHABLE UNDER SECTION 302, 323, 506 OF I.P.C.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
and
HON'BLE MR. JUSTICE B.PRAMOD
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)
Accused has preferred this appeal, assailing the
Judgment and order dated 01.04.2021 passed by the
Court of the Additional District and Sessions Judge,
Chamarajanagara (Sitting at Kollegala) in
S.C.No.5171/2018, wherein he is convicted for the
offences punishable under Sections 302, 323 and 506 of
IPC.
- 3 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
2. For the offence punishable under Section 302
IPC, accused is sentenced to undergo imprisonment for life
Rs.
and to pay fine of 15,000/-.
3. For the offence punishable under Section 323
Rs.
IPC, accused is sentenced to pay fine of 1,000/-, in
default to pay the said amount, to undergo S.I. for a
period of 1 month.
4. For the offence punishable under Section 506
Rs.
IPC, accused is sentenced to pay fine of 4,000/-, in
default to pay the said amount, to undergo S.I. for a
period of 3 months.
5. The first informant, Mary, is the wife of
deceased Suresh. They were residing at Aalambadi Village,
Gopinatham. The accused is first informant's brother. On
25.11.2017 at about 08:00 p.m., the accused visited the
house of his sister at Aalambadi village. At that time, his
sister and her husband Suresh were engaged in a heated
argument over their family matter. At that juncture, the
- 4 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
accused got annoyed with their behavior and fisted his
sister on her face, causing simple injuries. He threatened
his brother-in-law Suresh, picked up a wooden club
(hittina Donne) and assaulted him on his head, face and
neck. As a result, Suresh sustained bleeding injuries and
collapsed on the ground. Since the place occurrence was
an interior forest area and as there was no suitable
facilities available to shift the injured to the hospital, on
the next day, at 10:00 a.m., Suresh was shifted to
Ponnagaram Government Hospital. After providing first
aid, he was taken to Dharmapuri Government Hospital and
from there shifted to Mangalam Government Hospital in
Salem District. However, he succumbed to the injuries
while undergoing treatment in the said hospital, on
29.11.2017 at about 02:00 p.m.
6. On a complaint lodged by Mary, wife of the
deceased, initially a case was registered against the
accused for the offences punishable under Sections 323,
- 5 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
307 and 504 of IPC. After the death of Suresh, Section
302 of IPC was incorporated in the place of Section 307 of
IPC. Upon completion of investigation, the charge sheet
was filed.
7. Charges were framed against the accused for
the offences punishable under Section 302, 323 and 506
of IPC. Based on the oral and documentary evidence on
record, the trial Court convicted him for the offences
charged against him.
8. The complaint lodged by Smt.Mary, wife of the
deceased, is marked as Ex.P11. A perusal of the
averments reveals that when a quarrel was taking place
between herself and the deceased, the accused who had
visited their house, started abusing both of them and
assaulted the complainant with his hands on her face.
Thereafter, he picked up a wooden club (hittina Donne)
and assaulted the deceased with the said club, stating that
- 6 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
he was troubling his sister. Due to the said assault, the
deceased sustained bleeding injuries to his head and ear
and collapsed to the ground. When the complainant
screamed, one Chinna residing in the neighboring house
came and pacified the quarrel. It is stated that as it was
dark, they could not go to the hospital on the same day.
On the following day, i.e., on 26.11.2017 at about 10:00
a.m., with the help of her parents in law, they shifted her
injured husband to the Government Hospital in Tamil
Nadu.
9. The complainant examined as PW15 has not
supported the case of the prosecution. She has been
declared hostile. She has denied the entire incident. It is
relevant to mention that the complainant had also taken
treatment for the injuries sustained by her. The wound
certificate is marked as Ex.P14, as per which, she had
sustained i) abrasion over upper lip below the nose; ii)
contusion and swelling around the left eye and cheek
- 7 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
measuring 7 x 5 x 2 cms; iii) contusion over right eye,
redness of eye.
10. PW.17 is the doctor who treated PW15 and
issued the wound certificate Ex.P14, as per which the
injuries sustained by PW15 are simple in nature. PW17 has
stated that on 26.11.2017 at about 07:00 p.m., he
examined Mary (PW15), resident of Alambadi Village who
was brought to the hospital by the police, with a history of
assault.
11. The prosecution has got examined Chinna, the
person who was residing near the house of the deceased.
As per the complaint, he pacified the quarrel and shifted
the deceased to the hospital. However, he has also turned
hostile to the prosecution.
12. The trial Court relied on the evidence of PW3
and PW.4 holding that both the said witnesses have
consistently deposed with regard to the nature of injuries
sustained by the deceased as a result of the assault by the
- 8 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
accused. The trial Court further held that both the
witnesses have consistently deposed that the deceased
had sustained injuries on his forehead/head and ear and
was also profusely bleeding. That apart, both the
witnesses have categorically deposed that when they tried
to intervene to control the situation, the accused had in
fact seriously attempted to assault them with the same
weapon and therefore, both of them ran away from the
house. Further, both the witnesses have clearly identified
MO3/wooden club (hittina Donne) and therefore, there is
clear nexus between the nature of injuries sustained by
the deceased ultimately leading to his death and the crime
weapon.
13. We have perused the evidence of PW.3 and
PW.4. PW3 is the father of the deceased. In the chief-
examination, he has stated that the incident took place at
about 08:00 p.m. There was a quarrel between her son,
Suresh and his wife, Mary. The accused, who came to their
house, assaulted Suresh with a club, stating that he was
- 9 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
giving trouble to his sister and therefore, he should not be
alive. He assaulted him on his face, head and the ear, due
to which Suresh started bleeding from his ear and
collapsed to the ground. The accused kicked him and his
wife and therefore, being scared, they went away. Further
stated that, Chinna (PW1) came and pacified the quarrel.
PW3 has identified the weapon, MO3.
14. In the cross-examination, PW3 has denied the
case of the prosecution stating that he had not witnessed
the actual incident. He has stated that his house is
situated far away from the house of the deceased. Further
stated that, he had not seen as to who was present in the
house of the deceased, when the incident took place.
15. PW4, mother of the deceased, in her chief-
examination has deposed that at about 8.00 - 8.30 p.m.
when her son and his wife were quarrelling, the accused
assaulted his sister Mary on her face and then took a
wooden club and assaulted her son, Suresh on his head
- 10 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
and ear. Her son screamed and fell down. When she and
her husband tried to intervene, the accused tried to
assault them and therefore, they ran away from the spot.
Thereafter, one Chinna (PW1) came and pacified the
quarrel. She has further stated that, on that night, they
could not shift their son to the hospital. After her another
son Sendhil came, he along with Rajini shifted Suresh to
Pennagaram Government Hospital and from there shifted
him to Dharmapuri Hospital in an ambulance. However,
after 2-3 days her son died. She has identified MO3 as the
club with which the accused assaulted her son, Suresh.
16. The learned counsel for the appellant
vehemently contended that in Ex.P11, the complainant has
clearly stated that there were only three persons present
in the house, when the incident took place i.e. She, her
husband and the accused. Therefore, contended that PW3
and PW.4 witnessing the incident is doubtful, as they have
admitted in the cross-examination that their house is
situated far away from the house of the deceased. He
- 11 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
contended that the complainant, examined as PW15 has
turned hostile to the case of the prosecution and
therefore, there is no other material to establish that the
accused had committed the charged offences. The learned
counsel further contended that the motive is also not
proved, as both the witnesses have stated that they are
not aware as to for what reason, the quarrel took place.
17. In the chief-examination, both PW3 and PW4
have categorically stated that when there was a quarrel
taking place between the complainant and her husband
Suresh, the accused, who had come to their house,
assaulted the complainant with hands and assaulted the
deceased with a wooden club. The chief-examination of
PW3 was conducted on 23.02.2019. In his cross-
examination, conducted on 20.06.2019, he has stated that
he was not present in the house when the incident took
place. The said cross-examination was conducted after
nearly four months from the date of chief-examination.
- 12 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
Insofar as PW4 is concerned, she has supported the case
of the prosecution. In the cross-examination, she has
denied that she was deposing falsely. Merely because she
admitted that she was not aware as to for what reason the
quarrel took place, that itself is not a ground to disbelieve
her entire evidence.
18. As per the P.M. Report, Ex.P10, the deceased
had sustained the following external injuries:
i. A Curvilinear surgically made stapled wound
M-27 cms over left fronto parieto occipito
temporal regions.
ii. A horizontal abrasion M-6X3 cms over right
side of forehead.
iii. A abrasion M-4X3 Cms over right side of right
eye.
iv. Abrasion M-1X1 Cms over right elbow.
v. M-1X1 Cms over middle of forehead.
vi. M-5X3 Cms over right side of neck.
vii. M-6X6 Cms over left side of left eye.
viii. M-6X5 Cms over left side of Cheek.
ix. M-5X3 Cms over outer aspect of left elbow.
x. M-5X3 Cms over back of left side elbow.
- 13 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
xi. Contused laceration of left ear with dried blood
stained.
xii. Contusion M-15X10X soft tissue deep over
back of left side of neck.
19. The autopsy was conducted by PW14. As per
the final opinion furnished by him, the cause of death was
due to complications of multiple injuries.
20. A careful perusal of the entire evidence and
material on record goes to show that on the date of
incident i.e. on 25.11.2017 at about 08:00 p.m., the
accused had visited the house of his sister Mary. At that
time, he noticed his sister and her husband Suresh
quarrelling with each other. It appears that, being
enraged, all of a sudden, the accused assaulted on the
face of his sister with his hands and then picked up a
wooden club which was lying there and assaulted the
deceased on his head and ear. As a result of which, the
deceased sustained bleeding injuries and collapsed. It has
come in evidence that the deceased was shifted to the
- 14 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
hospital on the next day at about 10:00 a.m. Thereafter,
he was taken to the different hospitals for treatment.
However, he died while undergoing treatment on
29.11.2017 at about 02:00 p.m.
21. It is not the case of the prosecution that when
the accused visited the house of the deceased, he was
carrying any weapon in his hand. There is no any
animosity between the accused and the deceased. No
strong motive is attributed against the acussed to commit
the murder of deceased, his brother in law. The material
on record shows that the incident took place in a fit of
rage and in the heat of moment. As per prosecution, the
accused picked up a wooden club and assaulted the
deceased. The said wooden club-MO.3 was seized from the
spot at the time of conducting the spot mahazar-Ex.P1. In
our considered view, the act committed by the accused
would fall under Exception 4 to Section 300 of IPC. The
injuries inflicted by the accused were not with the
- 15 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
intention of causing death. However, the accused had the
intention to cause such bodily injury which was likely to
cause death. Hence, the act committed by the accused is
punishable under Section 304 Part I of IPC. Insofar as the
accused causing simple injuries to the complainant-PW15,
she has not supported the case of the prosecution. She
has not stated that the accused had threatened or
assaulted her. Hence, the charges under Section 323 and
506 of IPC are not established beyond doubt.
22. The accused was arrested on 27.11.2017. He is
under incarceration for 8 years 11 months and 11 days.
He was aged about 23 years at the time of incident. He
has no bad antecedents. Hence, the sentence of
imprisonment already undergone by the accused can be
held to be sufficient sentence.
23. For the foregoing reasons, we proceed to pass
the following:
- 16 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
ORDER
i. The Appeal is allowed-in-part .
ii. The judgment and order dated 01.04.2021 passed by
the Court of Additional District and Sessions Judge,
Chamarajanagara (Sitting at Kollegala), in SC 5171
of 2018, convicting the accused/appellant for the
offences punishable under Section 302, 323 and 506
of IPC are set aside. The accused is acquitted of the
said offences.
iii. The accused is convicted for the offence punishable
under Section 304 Part I of IPC and sentenced to the
period of imprisonment already undergone by him.
iv. He shall pay a fine of Rs.15,000/- and in default of
payment of fine, shall undergo SI for a period of
three months.
v. If the fine amount is deposited / recovered, the same
shall be paid to PW4-Madamma, as compensation.
- 17 -
HC-KAR
NC: 2026:KHC:61479-DB
CRL.A No. 1546 of 2021
CNR: KAHC010370542021
vi. The order passed by the trial Court for payment of
compensation to the parents of the deceased by the
District Legal Services Authority, Chamarajanagara,
is confirmed.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
Sd/-
(B.PRAMOD)
JUDGE
HB,MKM
List No.: 1 Sl No.: 16