K.R. PUSHPESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals arising out of the common judgment passed in SC No.50/2014 dtd. 30/3/2016 by the I Additional District and Sessions Judge and concurrent charge of II Additional District and Sessions Judge, Kodagu, Madikeri (sitting at Virajpet).

(2.) Criminal Appeal 879/2016 by the convicted accused Nos.1 to 3 is directed against the judgment of conviction and order of sentence passed in SC No.50/2014 dtd. 30/3/2016 by the I Additional District and Sessions Judge, wherein accused Nos.1 to 3 sentenced to undergo simple imprisonment for life and to pay a fine of Rs.10,000.00 each for the offence punishable under Sec. 302 read with Sec. 34 IPC. Further, they sentenced to undergo simple imprisonment for a period of five years and to pay a fine of Rs.5,000.00, in default to undergo simple imprisonment for a period of six months for the offence punishable under Sec. 109 read with Sec. 34 IPC. Further, sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000.00 in default to undergo simple imprisonment for a period of six months for the offence punishable under Sec. 120B read with Sec. 34 IPC and also sentenced to undergo simple imprisonment for a period of one month and to pay fine of Rs.500.00 in default, to undergo imprisonment for one month for the offence punishable under Sec. 34 of IPC.

(3.) Whereas Crl.A.No.2118/2016 is preferred by the State under Sec. 378(1) and (3) of Cr.P.C . to set aside the judgment and order dtd. 30/3/2016 passed by the I Additional District and Sessions Judge, in SC No.50/2014, insofar as it relates to acquitting the accused for the charges under Sec. 5 of the Arms Act which is punishable under Sec. 27(1) of the Arms Act, 1959 read with Sec. 34 of IPC and thereby, to convict and sentence the accused for the offence punishable under Sec. 5 of Arms Act, which is punishable under Sec. 27(1) of the Arms Act read with Sec. 34 of IPC.