MALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (hereinafter referred as 'accused No.2') and accused 1 & 3 were tried for offences punishable under sections 323 & 307 r/w 34 IPC. The learned trial Judge acquitted accused 1 & 3 of aforestated offences. The learned trial Judge acquitted accused No.2 of an offence punishable under section 323 IPC and convicted him for an offence punishable under section 307 IPC and sentenced him to undergo simple imprisonment for a period of 5 years and pay fine of Rs.15,000/ -, in default to undergo simple imprisonment for a period of six months.

(2.) I have heard Sri R.B.Deshpande, learned counsel for accused and Sri B.Visweswaraiah, learned HCGP for State.

(3.) IN brief, the case of prosecution is as follows: - Accused No.1 is the elder brother of accused No.2 and accused No.3 is the wife of accused No.1. They are residents of Chikkamagadi Village, within the jurisdiction of Shiralakoppa Police Station, Shikaripur Taluk. PW1 - Nagarathna is the wife of one Suresh. PW1 was residing in the house of her husband in Chikkamagadi Village. PW3 - Veerabhadrappa is the father of PW1. PW2 -Lingaraj is the younger brother of PW1. PW4 -Murudappa is the son -in -law of elder brother of PW3.