MAHENDRA NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Being aggrieved by the judgment dated 31-7-2004 passed by the first Fast Track Court, Shimoga in S.C. No. 46 of 2006 convicting the appellant for the offence punishable under Section 304, Part II of the Indian Penal Code, 1860 and sentencing him to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 1,000/- in default to undergo rigorous imprisonment for one month, the appellant has filed this appeal.

(2.) The facts of the case are:

(3.) In order to prove the case, the prosecution in all examined 18 witnesses and got marked Exs. P. 1 to P. 16. The defence got marked Exs. D. 1 to D. 19. The prosecution also produced material objects M.Os. 1 to 8 to prove its case. After perusal of the materials on the record the learned Session Judge came to the conclusion that the prosecution has been successful in establishing the case under Section 304, Part II of the IPC against the appellant, while acquitting him of the charge under Section 324 of the IPC and accordingly sentence aforesaid has been imposed.