ANJALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants, arrayed as accused Nos.1 and 2 in S.C. No.322/2012 on the file of I Additional Sessions Judge, Kalaburagi (Hereinafter referred to as 'Trial Court' for the sake of convenience), have questioned the judgment of conviction dtd. 19/6/2013 and order of sentence dtd. 20/6/2013 passed by the trial Court convicting and sentencing them "to undergo IMPRISONMENT FOR LIFE and to pay fine of Rs.5,000.00 each for the offence punishable under Sec. 302 read with Sec. 34 of IPC and in default of payment of fine, they shall further undergo simple imprisonment for a period of 5 months".

(2.) The parties to this appeal are referred with reference to their rank before the trial Court.

(3.) The records of this appeal do reveal that the Co-Ordinate Bench of this Court on hearing the arguments of both the sides vide judgment dtd. 14/2/2019 passed an order acquitting accused No.2 on the ground that as on the date of incident he was a juvenile as defined under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015, and found no material to convict accused No.2 i.e. appellant No.2 and ordered to release him from custody forthwith. It is also ordered that so far as appeal against appellant No.1-accused No.1, the matter has to be considered on its merits in accordance with law. Therefore, now in view of the judgment passed by the CoOrdinate Bench of this Court dtd. 14/2/2019, this appeal is restricted with regard to accused No.1 only.