STATE Vs. TULASI

JUDGEMENT

(1.) As both these appeals arise out of a common judgment, they are taken up for hearing together and are disposed of by this common judgment.

(2.) The State has preferred appeal in Crl.A.787/2011 questioning the judgment of conviction and order of sentence rendered by the Fast Track Court, Devanahalli in S.C.No.271/2010 dated 25.02.2011 whereby held conviction under Section 306 of IPC and the accused were sentenced to undergo imprisonment for a period of five years, but no fine amount was imposed. The same has been challenged under this appeal by the State for non imposing of fine for the offence under Section 306 read with 34 of IPC.

(3.) Crl.A.No.251/2011 is filed by the appellants/accused Nos.1 and 2 praying to set aside the impugned judgment of conviction and order of sentence dated 25.02.2011 passed by the Presiding Officer, Fast Track Court, Devanahalli in S.C.No.271/2010 and consequently, acquit the appellants of the charges leveled against them.