SIDDAGANGAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the appellant as well as the learned SPP for the respondent State.

(2.) LEARNED advocate has filed this appeal under Section 374(2) of Cr.P.C. against the judgment in S.C. No.66/2000 on the file of the Presiding Officer, Fast Track Court III, Tumkur. Accused Nos.1 and 2 who are appellants herein were convicted for the offence punishable under Section 307 r/w 34 of IPC. Accused No.1 was sentenced to undergo rigorous imprisonment for seven years with fine of Rs.2,000/ - in default simple imprisonment for six months. Accused No.2 was sentenced to undergo rigorous imprisonment for three years with fine of Rs.1,000/ -, in default simple imprisonment for three months. Aggrieved by the same accused Nos.1 and 2 have preferred an appeal vide Criminal Appeal No.1592/2004.

(3.) THIS Court has modified the order by setting aside the judgment and conviction of 307 IPC r/w Section 34 and accused Nos.1 and 2 are convicted and sentenced for the offence punishable under Section 335 r/w Section 34 of IPC. Accused No.1 was convicted for the offence under Section 335 of IPC. Accused No.2 was found guilty of the offence punishable under Section 323 of IPC. Accused No.1 was in custody from 8.3.1998 to 28.3.1998 during the course of trial. Again from 7.9.2004 till date he is in custody. Accused No.2 was in custody between 8.3.1998 to 28.3.1998. Accused No.1 was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/ -, in default to undergo simple imprisonment for one week. So far as accused No.2 is concerned, the period of custody already undergone by her during the course of trial would be the sentence of simple imprisonment in respect of offence punishable under Section 323 of IPC.