STATE Vs. SHEENAPPA GOWDA

JUDGEMENT

(1.) This appeal is filed by the State being aggrievied by the judgement of the Court of the Sessions Judge, Dakshina Kannada, Mangalore, in Criminal Appeal No. 170/1999 dated 24.01.2002, wherein the learned Sessions Judge has allowed the appeal in part and has confirmed the finding of the trial Court that the accused Nos. 1 to 3 and 5 are guilty of having committed the offences punishable under Sections 143, 147, 148, 447 and 324 of the Indian Penal Code and has set aside the finding of the trial Court that the accused are guilty of the offence punishable under Section 326 of I.P.C. Further, the learned Sessions Judge has set aside the sentence of imprisonment, and fine passed by the trial Court and in lieu of the same, has sentenced each of the appellants therein to pay a fine of Rs.250/- and in default of payment of fine, to undergo imprisonment for 15 days for each of the offences punishable under Sections 143, 147 and 148 of IPC, and to pay a fine of Rs.500/- and in default of payment of fine, to undergo imprisonment for one month in respect of the offence punishable under Section 447 of I.P.C, and to pay fine of Rs.1,000/- and in default of payment of fine, to undergo imprisonment for 45 days each for the offence punishable under Section 324 read with Section 149 of IPC.

(2.) The essential facts of the case leading up to this appeal with reference to the rank of the parties before the trial Court are as follows:

(3.) We have heard the learned State Public Prosecutcr appearing for the appellant-State and the learned Counsel appearing for the respondent Nos 1. and 3.