VINAY KUMAR Vs. STATE

JUDGEMENT

(1.) These two appeals arising out of common judgment of conviction dtd. 25/2/2019 and order of sentence dtd. 27/2/2019 passed in S.C. No.1198/2012 by the learned LXVIII Addl. City Civil and Sessions Judge, Bengaluru, wherein the accused No.1 is convicted for the offence under the provision of Ss. 302 and 201 of IPC and he is sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000.00 for the offence under Sec. 302 r/w 34 of IPC, in default of payment of fine, he is further sentenced to undergo simple imprisonment for six months. Further, he is sentenced to undergo rigorous imprisonment for 5 years for the offence punishable under Sec. 201 r/w 34 of IPC and to pay a fine of Rs.5,000.00, in default of payment of fine, he is further sentenced to undergo simple imprisonment for three months. Accused No.2 is convicted for the offence punishable under Sec. 201 of IPC and he is sentenced to undergo simple imprisonment for 5 years and to pay a fine of Rs.5,000.00 and in default of payment of the fine, he is sentenced to undergo imprisonment for three months, whereas the Trial Court acquitted Accused No.2 for the offence punishable under Sec. 302 of IPC.

(2.) Being aggrieved by the judgment and order of conviction passed in S.C.No.1198/2012 passed by the learned LXVIII Additional City Civil and Sessions Judge, Bengaluru, the Accused No.1 / Appellant has preferred the appeal in Crl.A.No.1844/2019, praying to set-aside the impugned judgment and order of conviction.

(3.) On the other hand, in Crl.A.No.1378/2019 the State has preferred this appeal against the judgment and order of acquittal passed by the learned LXVIII Additional City Civil and Sessions Judge, Bengaluru, as against the Respondent/Accused No.2, for the offence punishable under the provision of Sec. 302 of IPC.