PUNIT BHIMSINGH RAJPUT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These are the appeals filed under Sec. 374(2) of Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), challenging the judgement of conviction and order of sentence passed by the I Additional District and Sessions Judge, Bagalkot sitting at Jamkhandi (for short, 'trial Court') in Sessions Case No.91/2017 dtd. 20/3/2019.

(2.) A complaint came to be filed by Vindarsingh on 6/9/2016 at 22.15 hours, alleging that he had been informed by his sister that the accused (her husband and mother-in-law) had ill-treated her and sought to commit her murder. In furtherance of the same, ASI, Mudhol Police had registered a case for the offences under Ss. 307, 498-A, 504 read with 34 of IPC. In the meantime, the sister expired, hence, upon investigation, Circle Inspector of Mudhol Police Station submitted a charge sheet against the accused for the offences punishable under Ss. 498-A, 504, 323, 302 read with 34 of IPC.

(3.) Upon the charge sheet being submitted, since the offence was triable under Sec. 302 of IPC, the matter came to be committed to the Court of Sessions. Accused No.1 who was in judicial custody was produced before the Court and accused No.2 who was on bail was summoned to appear. On their appearance, accused No.1 was remanded to judicial custody and accused No.2 was enlarged on bail. Charges having been framed for offences under Ss. 498-A, 504, 323, 302 read with 34 of IPC, same was read over and explained to the accused, who pleaded not guilty and claimed to be tried.