PRAKASH JAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the parties.

(3.) The accused-appellants have been convicted under Section 379 IPC and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, by the learned Trial Court. The sentence imposed in respect of both the offences is one of fine. The appeal of the accused-appellants before the learned Sessions Judge was dismissed. Against the same a revision was filed before the High Court. The High Court while affirming and upholding the conviction, enhanced the sentence to one of rigorous imprisonment of three months for the offence under Section 379 IPC and rigorous imprisonment of six months for the offence under the Mines and Minerals (Development and Regulation) Act, 1957, This was done by the High Court in the appeal filed by the accused-appellants against the conviction and sentence of fine and in the absence of any appeal by the State.