MURALI Vs. STATE

JUDGEMENT

(1.) The appellant herein was the accused in S.C.No. 627/2002, on the file of the learned Principal City Civil and Sessions Judge, Bangalore City (hereinafter referred to as Trial Court for short).

(2.) He was charge sheeted for the offence under Sec. 304 part II of Indian Penal Code On appreciation of the oral evidence of PWs-1 to 13 and the documents at Exs.P-1 to 13 and also M.O Nos.1 to 5 placed on record by the prosecution, the Trial Court, by its Impugned Judgment and Order dated 31.12.2003, convicted the appellant-accused for the offences punishable under Sec. 323 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 500.00 on default, to undergo simple imprisonment for one month.

(3.) Sri. N.R. Naik, the learned counsel for the appellant-accused fairly submits that while confirming the impugned judgment and order insofar as it relates to conviction of the appellant-accused for the offence punishable under Sec. 323 of Indian Penal Code, the sentence of imprisonment may be reduced from six months to 53 days during which period he was in judicial custody during the Trial of this case. Sri. Vijay Kumar Majage, the learned High Court Government Pleader submits that if the sentence of imprisonment to be reduced, sentence of fine has to be increased proportionately to meet the ends of justice.