AITHAPPA NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has challenged the Judgment of conviction dtd. 7/7/2012 passed by the Additional Civil Judge and JMFC., Bantwal, Dakshina Kannada, (for short 'the Trial Court') in C.C. No.360/2008, by which he was convicted for the offence punishable under Sec. 326 of the Indian Penal Code, 1860 (for short, 'the IPC ') and order of sentence dtd. 7/7/2012 directing him to undergo simple imprisonment for three days and to pay fine of Rs.10,000.00. The petitioner has also challenged the Judgment dtd. 21/7/2014 passed by the I Additional District and Sessions Judge, D.K., Mangalore, (for short, 'the Appellate Court') in Crl. Appeal No.187/2013, by which, the sentence ordered by the Trial Court was enhanced to two years rigorous imprisonment and fine of Rs.5,000.00.

(2.) Learned counsel for the petitioner after arguing the petition at length, submitted that having regard to the fact that the petitioner is aged 81 years and has no children but has an aged wife, who is dependent on him, and therefore prays that the sentence imposed by the Appellate Court and the Trial Court be modified. He further submits that the petitioner has served sentence for three days and therefore, the sentence imposed by the Trial Court be restored.

(3.) Learned High Court Government Pleader submits that the petitioner is convicted for the offence punishable under Sec. 326 of the IPC which is punishable with imprisonment for life and therefore, the sentence awarded by the Appellate Court is just and proper.