BYRAPPA AND ORS Vs. STATE

JUDGEMENT

(1.) This appeal by the appellant/Accused No.1 is directed against the judgment of conviction and order of sentence dated 30.08.2005 passed by the Fast Track Court, Kadur, in S.C. No.101/1999 convicting him for the offences punishable under Sections. 498-A and 306 of Penal Code and sentencing him to undergo R.I. for one year and to pay fine of Rs.2,000.00 for the offence punishable under Sec. 498-A and to undergo R.I. for seven years and to pay fine of Rs. 3,000.00 for the offence punishable under Sec. 306 of IPC.

(2.) Appellant is the husband of deceased Manjamma, daughter of PWs. 1 & 2. The appellant as well as his parents namely, Sri. Siddappa and Smt. Chikkamma arraigned as Accused Nos. 2 and 3 were chargesheeted by the Yagati police for the aforesaid offences. However, during the pendency of the trial, Accused No.3 mother of this appellant and mother-in-law of the deceased died, therefore the case against her was closed as abated. The appellant as well as Accused No.2 pleaded not guilty for the charges levelled against them and claimed to be tried.

(3.) The learned Sessions Judge after recording the evidence of the prosecution witnesses and on examining the accused under Sec. 313 of Crimial P.C. on assessment of the oral as well as documentary evidence, by the judgment under appeal convicted the appellant/Accused No.1 for the aforesaid offences and sentenced him accordingly, while acquitting Accused No.2 of the charges levelled against him. Aggrieved by the said judgment of conviction and order of sentence, appellant/Accused No.1 is in appeal before this Court. The judgment acquitting Accused No.2 has not been assailed by the State and the said judgment has become final.