REGISTRAR GENERAL HIGH COURT OF KARNATAKA Vs. SHIVU

JUDGEMENT

(1.) THIS reference and criminal appeal arise from the judgment of conviction dated 29-7-2005 and sentence passed by the learned Sessions judge, Chamarajanagar in S. C. No. 113 of 2004. In this case, the two accused are charged, tried and convicted by the learned Trial Judge for the offences under Sections 376 and 302 both read with Section 34 of the indian Penal Code, 1860 and on finding them guilty on both the counts, are sentenced to undergo imprisonment for a period of 10 years with a fine of Rs. 25,000/- for the offence under Section 376 read with Section 34 of the IPC and to the death punishment for the offence under Section 302 read with Section 34 of the IPC. Since the death punishment requires confirmation by this Court, the same has been referred under section 366 of the Cr. P. C. , and it has been registered as Cri. R. C. No. 8 of 2005. Aggrieved by the judgment of conviction and the sentence, the accused have approached this Court in Criminal Appeal No. 1394 of 2005.

(2.) THE brief facts giving rise to the present case as put forth by the prosecution are as follows.-

(3.) ON committal and after going through the charge-sheet material, the learned Sessions Judge framed charge against both the accused for offences punishable under Sections 376 and 302 both read with Section 34 of the IPC. As the accused denied the charges and claimed to be tried, they were tried in S. C. No. 113 of 2004.