STATE Vs. GIREESH @ GIRI

JUDGEMENT

(1.) The appeal by the State under section 377 of Code Criminal Procedure [Cr.PC] seeking for enhancement of the punishment imposed on a person who has been found guilty of offence punishable under section 307 read with section 34 of Penal Code in terms of the Judgment dated 24.1.2007 passed by the Presiding Officer, FT [Sessions] Court-1, Bangalore, in SC No.856/2005.

(2.) Appeal is on the premise that the sentence imposed by the learned trial Judge after finding second accused in the case guilty of committing an offence which is to undergo simple imprisonment for six months with fine of Rs.500.00 is too inadequate, not commensurate with the gravity of the offence and that ends of justice require a punishment of higher level etc.

(3.) The appeal is in the background of the prosecution case that on 10.11.2004, the present appellant second accused and one another person by name Manja arrayed as Accused No.1 had assaulted the complainant PW.5 at around 9.30 pm at Kaveripuram Main Road within the limits of Kamakshipalya Police Station; that while the first accused had attacked the complainant with knife, second accused had hit the complainant with a stone on the head causing injury and bleeding; that the accused had so assaulted with the intention of committing murder of the complainant and it was clear as they were saying that the complainant should be finished off on that day as due to animosity on an earlier occasion and some quarrel the complainant had beaten them etc.