SHANKAR RAMAPPA DESAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the Judgment of conviction and Order of sentence passed in Spl. Case No.63/2011 dated 25.11.2011 passed by Special (III Addl. Sessions) Judge, Belgaum wherein the appellant-accused Nos.1 to 4 were convicted for the offence punishable under Sections 323, 355, 504 r/w 34 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989.

(2.) The appellant-accused Nos.1 to 4 each were sentenced to pay fine of Rs.1,000/-, in default, simple imprisonment for one months for the offence under Section 323 r/w Section 34 of IPC. The appellant-accused Nos.1 to 4 are sentenced to undergo rigorous imprisonment of six months with fine of Rs.1,000/- each for the offence punishable under section 3(1)(x) of the SC and ST(POA) Act, 1989 and in default to pay the fine amount, the accused Nos.1 to 4 each shall further undergo simple imprisonment for one month each.

(3.) The accused were not sentenced separately for the offence punishable under Section 355 of IPC and 504 of IPC by taking aid of Section 71 of IPC as offence under Section 355 is covered under Section 323 of IPC and offence under Section 504 of IPC is covered under Section 3(1)(x) of SC and ST(POA) Act, 1989.