(1.) The appellant who was arraigned as accused No. 2 in S.C. No. 136/2009 on the file of Sessions (Special) Judge, Bagalkot has preferred this appeal against the judgment of conviction and sentence passed in the said case vide judgment dated 06th day of July 2011. Wherein, the Trial Court has convicted the appellant for the offence under Sec. 394 of Indian Penal Code ("IPC" for short) and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.2,000.00 with default sentence to undergo simple imprisonment for a period of three months.
(2.) Totally two accused were prosecuted in the said special case. However, during pendency of the trial, accused No. 1 reported to be dead on 24/7/2009 and the proceedings were abated against accused No. 1.
(3.) I have heard the arguments of the learned counsel for the appellant and learned Additional State Public Prosecutor and carefully perused the judgment of the Trial Court and as well as the oral and documentary evidence placed by the prosecution for consideration of this Court.