IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION  

CRIMINAL APPEAL NO. 52    OF  2010

 (Arising out of SLP(Crl.) No.5197/2009)

MARUTHI AND ORS.                           Appellant(s)

                    :VERSUS:

STATE OF KARNATAKA                         Respondent(s)

O R D E R

Leave granted.

Appellant Nos.1 to 5 were tried for the commission  

of offences punishable under Sections 147, 148, 341, 504,  

506, 324, 326 read with Section 149 of the Indian Penal  

Code  (I.P.C.).  The  Trial  Court  did  not  find  the  

appellants guilty of the aforesaid offences and hence  

they were acquitted.  

The High Court, however, by the impugned judgment  

reversed the order of acquittal and convicted all the  

appellants  for  commission  of  offence  punishable  under  

Section 326 of the I.P.C. and sentenced them to undergo  

rigorous imprisonment for a period of  three months and  

to pay a fine of  Rs.5,000/- each and simple imprisonment

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for  two  months  for  default  in  payment  of  fine.  The  

appellants were also convicted for commission of offence  

punishable under Section 324 of the I.P.C. and sentenced  

to undergo rigorous imprisonment for a period of three  

months and to pay a fine of Rs.5,000/- each and simple  

imprisonment for two months for default in payment of  

fine. The sentences, however, were to run concurrently.  

The appellants have been given benefit of set off under  

Section 428 of Cr.P.C. by the High Court. PW-4 Balaji,  

who sustained injuries on his head and back, was directed  

to be paid compensation of Rs.25,000/-.  

We have heard the learned counsel for the parties.  

Looking to the facts and circumstances of this case, we  

are clearly of the opinion that the High Court being the  

appellate  Court  in  this  case,  has  not  properly  

appreciated the facts and questions of law involved in  

this case. The impugned judgment, therefore, cannot be  

sustained  and  is  accordingly  set  aside.  The  case  is  

remitted to the  High Court  for  deciding the criminal  

appeal afresh after hearing the parties.

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The appellants have been released on bail granted  

by this Court and they shall continue to be on bail till  

the disposal of the criminal appeal by the High Court.   

This case relates to the incident which occurred  

in 1998. Therefore, we request the High Court to dispose  

of the criminal appeal as expeditiously as possible.   

The appeal is disposed of accordingly.

.....................J (DALVEER BHANDARI)

.....................J (A.K. PATNAIK)

New Delhi; January 8, 2010.