(1.) The present appeal challenges the judgment of the High Court of Karnataka, Kalaburagi Bench, Kalaburagi dtd. 27/4/2018 in Criminal Appeal No.3658 of 2011. By the said judgment, the appellant's conviction under Sec. 306 of the Indian Penal Code (for short the "IPC"), as recorded by the Trial Court, was confirmed. However, the appellant was acquitted of the offence under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the "SC/ST Act"). Insofar as the sentence imposed for offence under Sec. 306 IPC was concerned, the High Court thought it fit to modify the sentence of five years, as imposed by the Trial Court, to that of three years imprisonment. However, the fine of Rs.5000.00, as imposed by the Trial Court, was maintained, with a default sentence of six months for non-payment of fine.
(2.) The Trial Court had convicted the appellant for offence under Sec. 306 IPC as well as for offence under Sec. 3(2)(v) of the SC/ST Act. While the sentence of five years imprisonment was imposed for offence under Sec. 306, life imprisonment had been imposed along with a fine of Rs.5,000.00 for offence punishable under Sec. 3(2)(v) of the SC/ST Act.
(3.) We have heard Mr. Sharanagouda Patil, learned counsel for the appellant and Mr. D. L. Chidananda, learned counsel for the State. We have perused the records, including the Trial Court records.