C.P. BHARATHA S/O PARTHEGOWDA AND KAMALAMMA W/O LATE MADEGOWDA Vs. THE STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION MANDYA DISTRICT

JUDGEMENT

(1.) THIS criminal revision petition under Section 397(1) read with Section 401 of Code of Criminal Procedure. 1908 (CrPC) by the accused persons in CC No 243 of 2006, on the file of Civil Judge (Jr Dn) and JMFC. Pandavapura, who had been found guilty of the offences charged and sentenced them as under:

(2.) THIS judgment of conviction while had been affirmed in appeal in Crl Appeal No 71 of 2010, on the file of presiding officer. Fast Track Court, Srirangapatna, and release of first accused under Sections 3 and 4 of Probation of Offenders Act, 1958, (for short, the Act) was confirmed, the sentence that had been passed by the trial court on accused 2 and 3 was modified as under: The sentence as passed against the accused Nos. 2 and 3 is modified as follows: The accused Nos. 2 and. 3 are sentenced to pay a fine of Rs. 500/ - each and in default to undergo simple imprisonment for a period of 15 days for the offence punishable under Sec, 323 R/w. Sec 34 of IPC. Further the accused Nos.2 and 3 are sentenced - to undergo simple imprisonment for 6 months and to pay a. fine of Rs. 1,000/ - each and in default to undergo simple imprisonment for one month for the offence punishable under Sec.325 R/w. Sec. 34 of IPC.

(3.) SRI K L Sreenivas, learned counsel for the appellants -accused has urged many grounds, particularly by pointing out the discrepancies in the prosecution evidence that the wound certificate ExP3 while had mentioned the time of examination of the injured PW2 as at 8.00 am on 3 -6 -2006, the prosecution case is that the incident itself took place at 5.00 pm on the very day and therefore the prosecution case itself is not believable and the conviction and sentence requires to be set aside.