CHANDRAKANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Sharanabasappa K. Babshetty, learned counsel for the petitioners namely, Smt. Sheku Bai, who is arrayed as accused No.2 in CC No.527/2007 relating to the case in Criminal Appeal No.29/2015 whereby filing of criminal revision petition under Sec. 397 of Cr.P.C. in Crl.R.P.No.200092/2016 by challenging the order passed by the fist appellate Court in Crl.A.No.29/2015 dtd. 27/9/2016 and whereby seeking setting aside of the order and confirm the acquittal judgment rendered by the trial Court in CC No.527/2018 dtd. 20/3/2015 for the offences punishable under Ss. 504, 326, 324, 506 r/w Sec. 34 of IPC.

(2.) Whereas, Crl.R.P.No.200023/2017 is filed by Smt. Iramma, Neelakantha and Kum. Mahananda who are the injured and they have preferred this petition by challenging the order passed by the trial Court in CC No.527/2007 and so also the order passed by the first appellate Court in Crl.A.No.29/2015, whereby under this petition seeking to convict the respondent Nos.2 and 3 who are arrayed as accused Nos.1 and 2 whereby modifying the order passed by the trial Court in C.C.No.527/2007 dtd. 20/3/2015 sentencing to pay fine amount held against accused Nos.1 and 2 by the first appellate Court for the offences punishable under Ss. 504, 323, 324, 506 r/w Sec. 34 of IPC which is incorporated in the operative portion of the order. Whereby, in this petition seeking conviction of the accused for the aforesaid offences by suffering to imprisonment for the aforesaid offences in respect of accused Nos.1 and 2 in addition to sentencing them to pay fine as incorporated in the operative portions of the order.

(3.) Whereas, under this petition challenging the order passed by the trial Court in CC No.527/2007 dtd. 20/3/2015 and so also divergent finding passed by the first appellate Court in Crl.A.No.29/2015 dtd. 27/9/2016 by reversal of the acquittal judgment and sentenced to pay fine for the offences under Ss. 504, 323, 324, 506 r/w Sec. 34 of IPC. Therefore, these two petitions have been taken up for passing common order.