Karnataka High Court Reduces Sentence Of 81-Yr-Old To Volunteer At Anganwadi For 3 Days In Grievous Hurt Case
The Karnataka High Court on 9th February,2023 has set aside the sentence of two years imposed on an 81-year-old convict and modified it to three days simple imprisonment after the convict volunteered to serve at an Anganwadi Centre for a period of one year. This was in the case of Aithappa Naika v. State of Karnataka (CRIMINAL REVISION PETITION NO. 672 OF 2014) and this is presided over by a single bench of Justice R Nataraj.
FACTS OF THE CASE:
This criminal petition is filed under section 397 with section 401 of the code of criminal procedure, 1973. The petitioner has challenged the Judgment of conviction passed by the Trial Court by which he was convicted for the offence punishable under Section 326 of the Indian Penal Code, 1860 and order of sentence directing him to undergo simple imprisonment for three days and to pay fine of Rs.10,000/-. The petitioner has also challenged the Judgment of the Appellate Court, by which, the sentence ordered by the Trial Court was enhanced to two years rigorous imprisonment and fine of Rs.5,000/-. Learned counsel for the petitioner contended that the petitioner is aged 81 years and has no children but has an aged wife, who is dependent on him, and therefore prays that the sentence imposed by the Appellate Court and the Trial Court be modified. He further submits that the petitioner has served sentence for three days and therefore, the sentence imposed by the Trial Court be restored. Learned High Court Government Pleader submits that 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.
The bench said, “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. 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 as stated in the following paragraph for a period of one year.”
It further added that “The petitioner shall serve honorarily and voluntarily at Anganawadi Centre, Mithanadka, Karopady village, Bantwal, Taluk, Dakshina Kannada, for a period of one year. The petitioner shall report at the Anganawadi Centre, Mithanadka, on 20.02.2023 and perform such works as may be entrusted to him to by the head of the Anganawadi centre, without expecting any salary.”
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JUDGEMENT REVIEWED BY PRATIKSHYA P. BEURA