MALLAPPA ALIAS MALLIKARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment of conviction and sentence passed by the III Addl. Sessions Judge, Belgaum in Special Case No.20/2008 on 12.06.2009, convicting the accused/appellant for the offence punishable under Section 324 of Indian Penal Code, 1860 and sentencing him to undergo Rigorous imprisonment for a period of one year and also to pay a fine of Rs.1,000/ - and in default to further undergo Simple imprisonment for two months.

(2.) THE learned Counsel for the appellant, though contested the matter on several grounds urged before this Court in the memorandum of appeal, but at the time of arguments submitted that, he would restrict his arguments insofar the sentence portion passed by the trial Court is concerned. He contends that the sentence passed by the trial Court imposing one year Rigorous imprisonment is too harsh and exorbitant and the learned Special Judge has not at all considered the gravity of the offence, surrounding circumstances, antecedents of the accused and his social status in the society. He contends that the accused, during the course of the trial has undergone imprisonment for a period of more than two months and therefore, the same may be considered as sentence already undergone and the sentence ordered by the trial Court may be reduced to the extent of the period already undergone by the appellant. The learned Counsel virtually gives up the other grounds urged in the memorandum of appeal.

(3.) ON perusal of the material on record, it is seen that the Dy.S.P., Gokak submitted the charge sheet against the accused for the offences punishable under Sections 324, 504, 506 of IPC and also under Section 3(1)(x) of the SC/ST (PA) Act, 1989. The learned Sessions Judge has acquitted the accused for the remaining offences as not proved by the prosecution. As the learned Counsel has only restricted his arguments to the sentence passed, this Court has to see whether the sentence passed by the trial Court is exorbitant in nature for the offence under Section 324 of IPC.