STATE OF KARNATAKA Vs. DHULAPPA

JUDGEMENT

(1.) This appeal by the State is purported to have been filed under Section 378 of the Code of Criminal Procedure against the judgment dated 20-8-1979 passed by the Additional Session Judge, Bijapur, in Sessions Case No. 67/1978.

(2.) The respondents who were A-1 to A-5 in the said Sessions Case were charged with having committed offences punishable under Section 324 r/w 34, 341, r/w 34, 148 and 302. r/w 149 of the Indian Penal Code. The learned Sessions Judge convicted each one of them for having committed the offence under Section 304 of I.P.C. and sentenced each one of them to undergo imprisonment for a period of five years under the latter part of Section 304 of IPC. Thereafter he proceeded to apply the provisions of Section 360 Cr.P.C. and released them on probation of good conduct.

(3.) Though the appeal filed by the State is purported to be under Section 378 Cr.P.C., ground No. 7 in the memorandum of appeal makes out that the State is aggrieved by the order of the learned Sessions Judge in applying the provisions of Section 360 Cr.P.C. In that view of the matter, the legal position is that the appeal can be said to have been instituted under Section 377 Cr.P.C. also. The other prayer in the appeal is that the learned Sessions Judge erred in acquitted the accused of having committed the offence punishable under Section 302 r/w Section 149 of IPC.