H C SHAMA D/O CHAND PASHA AGED ABOUT 18 YEARS STUDENT R/O HEBBANI VILLAGE MULBAGAL TALUK KOLAR DISTRICT Vs. STATE OF KARNATAKA BY NANGALI POLICE STATION KOLAR DISTRICT

JUDGEMENT

(1.) THIS appeal under section 374[2] of the Criminal Procedure Code is by the convicted accused in Spl. Sessions Case No. 7/2008 on the file of the Court of the II Additional Sessions Judge, Kolar, who had been charged with the offences punishable under sections 448, 302 of IPC and section 3[2][v] of the Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989. The learned Judge of the Sessions Court, on finding the accused guilty of the offences punishable under sections 448, 302 of IPC and section 3[2][v] of the Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989, has imposed punishment of life imprisonment with fine of Rs. 2,000/ - and in default sentence of one month simple imprisonment in respect of the offence punishable under section 302 of IPC and for a period of six months simple imprisonment for the offence punishable under section 448 of IPC and also subjected to life imprisonment in respect of offence punishable under section 3[2][v] of the Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989 and ordered all sentences to run concurrently.

(2.) IT is against this conviction and sentence, the present appeal.

(3.) TO make good the prosecution case, the prosecution had examined twenty three witnesses, marked Exhibits.P1 to P18[a] and had produced material objects 1 to 9. On behalf of the defence, contradictions were marked as per Exhibits.D1 to D5.