81-Yr-Old To Volunteer At Anganwadi After Karnataka High Court Reduces Sentence To 3 Days In Grievous Hurt Case

A single judge bench of Justice R Nataraj allowed the petition filed by Aithappa Naika in part and set aside the judgment of the appellate court holding him guilty for offence punishable under section 326 of the Indian Penal Code and imposing a sentence of two years along with fine of Rs 5,000.

The court acceded to the request made by the petitioner that the judgment of the trial court, which sentenced him to simple imprisonment of three days and fine of Rs 10,000, be restored.

The petitioner had prayed for the relief contending his advanced age and though he has no children but an aged wife who is dependent on him. He also submitted that he has served sentence for three days and also deposited the fine amount.

However, the prosecution opposed the plea saying the petitioner is convicted for the offence punishable under Section 326 of the IPC which is punishable with imprisonment for life and therefore, the sentence awarded by the Appellate Court is just and proper.

Following which the petitioner suggested that since he is not involved in any other case, therefore, he may be sentenced to simple imprisonment for a period of three days that he has already undergone. This Court may consider extracting work from him for any community service, his counsel submitted.

The bench on going through the records said “Having regard to the fact that the petitioner has admitted his guilt and also having regard to the fact that the petitioner has undergone sentence of simple imprisonment for three days as ordered by the Trial Court and also having regard to the fact that the petitioner is aged 81 years and has to look after his wife and has agreed to serve the community, this Court considers it appropriate to allow this Revision Petition and suitably modify the order of sentence passed by the Trial Court.”

Thus It held “The Judgment of conviction dated 07.07.2012 passed by the Additional Civil Judge and JMFC., Bantwal, Dakshina Kannada, is upheld and the Order of sentence dated 07.07.2012 passed is modified to the extent that the petitioner is sentenced to undergo simple imprisonment for three days and pay fine of Rs.10,000 and also render honorary service to the community, for a period of one year.”

Case Title: Aithappa Naika And State of Karnataka

Case No: CRIMINAL REVISION PETITION NO. 672 OF 2014

Citation: 2023 LiveLaw (Kar) 81

Date of Order: 09-02-2023

Appearance: Advocate Dineshkumar Rao for Advocate Ravindra B Deshpande for petitioner.

HCGP Rashmi Jadhav for respondent.

Click Here To Read/Download Order