STATE OF KARNATAKA Vs. PRAVEEN DEVADIGA

JUDGEMENT

(1.) THE respondent -sole accused, in SC.No.17/2008 is convicted by the Fast Track Court, Puttur, Dakshina Kannada District, by the judgment dated 28.7.2011 for the offences punishable under Sections 324 and 326 of IPC. He is sentenced to undergo imprisonment for a period of one year for the offence punishable under Section 324 of IPC and three years for the offence punishable under Section 326 of IPC. Both the sentences were directed to run concurrently. Accused was also given the benefit of set off under Section 428 of Cr.P.C.

(2.) AT the time of delivering the impugned judgment by the trial Court, the accused was in custody for one year 10 months and 15 days. He has not filed appeal questioning the judgment and order of conviction passed by the trial Court. Consequently, during pendency of this appeal he suffered full sentence of three years as imposed by the trial Court and is released from prison.

(3.) THIS appeal is filed by the State questioning the impugned judgment acquitting the accused for the offences punishable under Sections 307 and 506 of IPC. The State argues that the accused had attempted to commit the murder of the victim -PW.2 and therefore, he is liable to be punished for the offence punishable under Section 307 of IPC. Case of the prosecution in brief is that the accused is the relative of PW.1; accused and his wife used to stay in the house of PW.1 whenever they come to their place; at 3.30 p.m. on 23.8.2007, the accused demanded certain sums of money from PW.1; as the request of the accused was not met by PW.1, the accused suddenly took a bottle and assaulted PW.1; at that point of time, PW.2 tried to intervene and she was also assaulted by the accused; thereafter, the accused lifted PW.2 and threw her in a well; PW.1 and others rescued PW.2 from the well and thereafter she was taken to the hospital for treatment.