YALLAPPA DUNDAPPA KONIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants herein who were arraigned as accused Nos.1 and 3 before the learned Presiding Officer, Fast Track Court, Bailhongal in S.C. No. 39/2008, have preferred this appeal calling in question the judgment of conviction and sentence passed in the said case vide judgment dated 09.11.2010. Accused No.2 died during the trial. The trial court has sentenced accused No.1 to undergo simple imprisonment for six months for the offence punishable u/S 504 of IPC. Accused Nos.1 and 3 were sentenced to undergo simple imprisonment for six years and pay a fine of Rs.50,000/- each, in default to pay fine, both accused shall undergo simple imprisonment for two years for the offence punishable u/S 333 r/w Sec. 34 of IPC and they were also sentenced to undergo simple imprisonment for 8 years and to pay a fine of Rs.50,000/- each and in default to pay fine they shall undergo simple imprisonment for two years for the offence punishable u/s 307 r/w Sec. 34 of IPC. Out of the fine amount 50% of the amount was ordered to be paid to P.W.28 as compensation.

(2.) The above said judgment of conviction and sentence has been strenuously attacked before this Court by the learned counsel for the appellant by elaborating the grounds urged in the memorandum of appeal, which, I am going to discuss little later.

(3.) Before adverting to the grounds urged by the appellant, it is just and necessary to have brief factual matrix of the case.