JAGANNATH, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed by the accused in SC No.127/2010 on the file of 3rd Additional Sessions Judge, Gulbarga challenging the Judgment dated 12.11.2010 convicting them for the offences under Section 341, 307 r/w Section 34 of IPC and sentencing each of them to pay fine of Rs. 500/ - in default of payment of fine to undergo simple imprisonment for the period of one month for the offence under Section 341 of IPC and further sentencing each of them to undergo rigorous imprisonment for three years and to pay fine of Rs. 30,000/ - in default of payment of fine to undergo simple imprisonment for two years each with a direction that a sum of Rs. 50,000/ - shall be paid as compensation to PW.1 -Victim -Nagamma under Section 357 of Cr.P.C, while acquitting them of the offences under Section 504, 506 r/w Sec 34 of IPC.

(2.) IT is the case of the prosecution that, on 02.12.2009 at about 8.00 a.m. at Ganajalkhed village within the limits of Grameen Police Station, when the victim Nagamma had been to the house of the accused in connection with the illicit relationship of accused No.1 with her, they have wrongfully restrained her from proceeding further, thereby they are alleged to have committed the offences under Section 341 r/w Section 34 of IPC.

(3.) IT is the further case of the prosecution that on the aforesaid place, date and time, when the victim insisted accused No.1 to give half share in the landed properties of accused No1 and when she insisted that she would not go back to her house without getting her share, accused No.1 brought pesticides bottle and put into the mouth of the complainant, while accused No.2 caught hold of her and they forcibly made her to consume the same with an intention to commit the murder of the said complainant -Nagamma and with such knowledge or intention that if by that act, they had caused the death of the complainant they would have been guilty of murder, thereby they are alleged to committed an offence under Section 307 r/w Section 34 of IPC.