SHANTARAM DATTATRAYE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) CRL. A. NO. 479/2001 is filed by the appellants-accused Nos. 1 3 and 4 against the judgment of the Trial Court rendered by III Addl. Sessions Judge, Belgaum in S. C. No. 8. /1994 dated 17. 3. 2001 convicting accused -1, 3 and 4 for an offence punishable under sections 302 read with Section 34 IPC and Section 324 read with section 34 IPC. Under Section 302 read with 34 IPC, the accused were convicted and sentenced to imprisonment for life and to a fine of Rs. 5,000/- each, in default to undergo S. I. for a period of one year. Under Section 324 read with 34 I. P. C. . , the accused were sentenced to undergo imprisonment for 6 months. The sentences were ordered to run concurrently.

(2.) CRL. R. C. No. 1/2001 is filed by the petitioner-the Registrar general of the High Court of Karnataka, Bangalore under Section 318 of Criminal Procedure Code on the judgment of the Trial Court dated 17. 3. 2001 with respect to accused No. 2 respondent No. 2. At the stage of recording the statement under Section 313 of Cr. P. C. it was noticed by the Trial Court that accused No. 2 was short of hearing, practically a deaf. Hence a Reference on the report of the trial Court under Section 318 Cr. P. C. After the judgment, the accused no. 2, who was on bail during the trial has been remanded to judicial custody on 17. 3. 2001 and he is also in judicial custody since then.

(3.) CRIMINAL Appeal No. 479/2001 is filed by A-1, A-3 and A-4. Criminal Referred Case No. 1/2001 is filed by the petitioner-Registrar general of this Court with respect to accused No. 2. Apart from this a-2 who was convicted by the trial Court but not sentenced on account of the Criminal Referred Case No. 1/2001 filed by the registrar General is also before us with respect to the conviction and not sentence in Criminal Appeal No. 1089/2002.