R BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the Judgment dated 29.03.2006 passed by the 33rd Additional City Civil and Sessions Judge, Bangalore in SC No.301/2002 convicting the appellant No.1 for the offences under Section 448 and 307 of IPC and appellant No.2 for the offences under Section 448, 307 r/w Section 114 of IPC and sentencing appellant No.1 to undergo simple imprisonment for a period of three years and to pay fine of Rs. 10,000/- in default of payment of fine to undergo imprisonment for three months and sentencing appellant No.2 to undergo simple imprisonment for one year and to pay fine of Rs. 5,000/- in default to undergo imprisonment for two months.

(2.) It is the case of the prosecution that, on 03.11.2000 at about 9.15 a.m, in the house bearing No.459/H in the first floor at 9 'D' main road at Vijayanagar, Bangalore city in connection with marriage of one Neetu not being performed with the accused No.1, both accused criminally trespassed into the house and thereafter accused No.2 waited near the door and accused No.1 assaulted the complainant by means of knife on her stomach and caused severe bleeding injuries and if by that act, the complainant were to die, the accused would have been guilty of murder, thereby, accused No.1 is alleged to have committed the offences under Section 448 and 307 of IPC.

(3.) It is the further case of the prosecution that, at the above said place date and time, accused No.2 was present at the front door of the house and has abetted the commission of the offences by accused No.1, thereby, accused No.2 is alleged to have committed the offences under Section 448, 307 r/w Section 114 of IPC.