(1.) This appeal is filed by the appellant - accused No. 1 praying to set aside the judgment of conviction dtd. 31/10/2012 and order on sentence dtd. 2/11/2012 passed in S.C. No. 2/2012 by II Additional District and Sessions Judge, D.K., Mangaluru. Appellant - accused No. 1 has been convicted for offence under Sec. 326 of IPC and sentenced to undergo simple imprisonment for a period of 3 years and to pay fine of Rs.10,000.00 and in default to pay the fine amount, to undergo simple imprisonment for a period of 3 months.
(2.) Factual matrix of the prosecution case is as under:
(3.) Heard arguments of learned counsel for appellant - accused No. 1 and learned HCGP for respondent - State.