DHARMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused Nos.1 to 10, praying to set-aside the judgment of conviction dtd. 5/9/2012 passed in S.C.No.172/2009, by the Additional Sessions Judge, Hassan. Appellant Nos.1, 3 and 4 / accused Nos.1, 3 and 4 have been convicted for the offences under Ss. 143, 506 and 306 r/w Sec. 149 of the Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC'); appellant Nos.1 to 10 / accused Nos.1 to 10 have been convicted for the offences under Ss. 143 and 506 r/w Sec. 149 of IPC; appellant Nos.1 to 10 have been sentenced to pay fine of Rs.1,000.00 each, in default, to undergo simple imprisonment for a period of one month for the offence under Sec. 143 r/w Sec. 149 of IPC and further sentenced to undergo simple imprisonment for six months and to pay fine of Rs.1,000.00 each and in default, to undergo simple imprisonment for a period of one month for the offence under Sec. 506 r/w Sec. 149 of IPC. The appellant Nos.1, 3 and 4 / accused Nos.1, 3 and 4 were sentenced to undergo simple imprisonment for a period of five years and pay fine of Rs.10,000.00 each and in default, to undergo simple imprisonment for a period of six months for the offence under Sec. 306 of IPC.

(2.) The brief facts of the prosecution case are as under;

(3.) In order to prove the charge, the prosecution has examined twelve witnesses as PWs.1 to 12 and got marked Exs.P1 to P7 and MOs.1 and 2. The Trial Court after hearing the arguments on both sides has formulated the points for consideration and convicted the appellants for the offences and sentenced them as noted above. The said judgment of conviction and order of sentence has been challenged by the appellants - accused Nos.1 to 10 in this appeal.