BASAPPA ALIAS BASANAGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision is by the accused being aggrieved of the judgment in Crl. A. No. 111/2003 on the file of the Presiding Officer, Fast Track Court-II, Mysore allowing the appeal in part by modifying the sentence to undergo rigorous imprisonment for a period of six months as against the judgment in CC No. 820/2000 on the file of the JMFC, II Court, Mysore dated 31. 07. 2003 convicting the accused for the offences punishable under Sections 498-A and 506 of Indian penal Code.

(2.) BRIEF facts of the case are as follows: the accused was tried for the offence punishable under Section 498-A and for the offence punishable under Section 506 of Indian Penal Code. The learned JMFC, II Court, Mysore recorded a finding of guilt of the accused for the offence punishable under Section 498-A and 506 of Indian Penal Code sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5,000/- for the offence punishable under Section 498-A of Indian penal Code and further sentencing him to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 500/- for the offence punishable under Section 506 of Indian penal Code. The said conviction and sentence was questioned in Crl. A. No. 111/2003. The learned Judge of the Fast Track Court by reappreciating the testimony of the prosecution witnesses though it was submitted that the parties have entered into a compromise having confirmed the conviction reduced the sentence of one year to undergo simple imprisonment for a period of six months. It is this order, which is questioned in the present Criminal Revision petition.

(3.) WHEN the matter come up for admission, learned Counsel for the petitioner and the respondent submitted that the accused-petitioner Basappa and his wife-complainant Nagamma in person and reports that they have amicably settled the matter and also files an application under section 320 (6) of the Code of Criminal Procedure.