SHETTAWWA AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal filed under Sec.374, CR.P.C. by the appellants is directed against the judgment of conviction and sentence passed in a sessions case bearing S.C.91/08 which was pending on the file of the Additional Sessions Court at Bidar. Both the appellants have been convicted for the offences punishable under Sections 448 and 302 read with Section 34 of I.P.C. and both of them have been sentenced to undergo imprisonment for life insofar as the offence punishable under Sec.302, I.P.C. is concerned and also to pay a fine of Rs.10,000/- each and in default, to undergo simple imprisonment for 3 months and further to undergo S.I. for 3 months each and to pay a fine of Rs.1,000/- each for the offence punishable under Sec.448, I.P.C. vide judgment dated 10.11.2010.

(2.) Several grounds have been raised in the present appeal. Both the appellants have been in judicial custody ever since they have been convicted by the sessions court. During the stage of investigation, the accused had been in judicial custody and on 2.3.2011, had been enlarged on bail vide order passed by the sessions court on 25.2.2009 under Section 439, Cr.P.C.

(3.) Facts leading to the filing of charge sheet and the consequential conviction are as follows: