Court Modifies Conviction of Main Accused to Grievous Hurt, Awards Compensation to Victims
In a significant judgment, the Karnataka High Court has upheld the acquittal of eight individuals accused in a violent incident at a Masjid in Ullal Village, while modifying the conviction of the main accused, Sri Ashraf alias Ballary Ashraf. The incident, which occurred on October 18, 2013, involved an unlawful assembly during which the accused were alleged to have attacked worshippers at the Hosapalli Masjid.
The Division Bench, comprising Justices H.P. Sandesh and Venkatesh Naik T, delivered the judgment on February 26, 2026. The court confirmed the acquittal of accused Nos. 2 to 9, citing a lack of direct or circumstantial evidence proving conspiracy or specific overt acts. The High Court supported the trial court's decision to extend the benefit of the doubt to these individuals.
For the main accused, Ashraf, the court modified his conviction to only include the charge of causing grievous hurt under Section 326 of the Indian Penal Code (IPC). The initial sentence of ten years was reduced to one year, coupled with a substantial fine of Rs. 7 lakh. This decision was influenced by factors such as the absence of Ashraf's criminal antecedents, reconciliation efforts between the accused and victims, and the communal nature of the dispute.
The court directed that Rs. 6.5 lakh of the fine should be allocated as compensation to one of the victims, while Rs. 25,000 each should be given to another victim and the State. The judgment also provided a set-off against the sentence for the period already undergone by Ashraf.
The prosecution's case hinged on the claim that the accused, as part of an unlawful assembly, attacked worshippers with weapons, including a knife and stones, during Jumma Namaz. However, the High Court found inconsistencies in the evidence regarding the involvement of accused Nos. 2 to 9 and noted the lack of stone injuries on the victims.
The High Court's decision highlights the importance of concrete evidence in proving conspiracy and specific intent in criminal cases. The ruling underscores the court's balanced approach in considering the societal context and individual circumstances in determining the appropriate sentence.
Bottom Line:
Acquittal of accused due to lack of evidence on conspiracy and specific allegations, reduction of sentence for accused based on circumstances, and compensation granted to victims.
Statutory provision(s): Indian Penal Code, 1860 Sections 143, 147, 148, 324, 326, 307, 149; Criminal Procedure Code, 1973 Section 428
State v. Sri Ashraf @ Ballary Ashraf, (Karnataka)(DB) : Law Finder Doc id # 2861322
