MALEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WITH the consent of both the learned counsels, at the stage of admission itself this matter is taken up for final disposal.

(2.) APPELLANTS arrayed as accused persons in C.C.No.392/209 on the file of JMFC, Bilagi, have convicted for the offence punishable under Section 324 of IPC and the trial Court has sentenced them to pay a fine of Rs.1,000/ - each and in default to undergo simple imprisonment for three months. Being aggrieved by the judgment and conviction of the trial Court due to inadequacy of the sentence passed by the trial Court, for the offence under Section 324 of Indian Penal Code, 1860 and that the appellants should have been convicted for the offence under Section 325 of Indian Penal Code, 1860, the State challenging the order of the learned Magistrate dated 10.06.2012, has preferred an appeal before the Sessions Judge Bagalkot, in Crl.A.No.75/2010.

(3.) AFTER hearing both sides, the Sessions Judge has delivered his judgment on 28.04.2012 modifying the order of conviction and sentence passed by the trial Court and substituted its order by convicting the accused persons for the offence punishable under Section 325 of IPC and sentenced them to undergo rigorous imprisonment for 1(one) year and shall pay fine of Rs.1,000/ - each and in default to undergo simple imprisonment for 3(three) months. Aggrieved by the order of the learned Sessions Judge, the present appeal is filed before this Court.