RANGAPPA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE aggrieved accused Nos. 1 to 6 have challenged the judgment and sentence passed against them for the offences punishable under Sections 143, 147, 148, 341, 324, 323, 504, 506(2) of IPC in S.C. No. 64/2008 on the file of the Addl. District and Sessions Judge/FTC -I, Raichur vide Order dated 28.07.2010.

(2.) THE trial Court has sentenced the accused persons for the above said offences imposing different periods of imprisonment and fine. I have heard the arguments of Sri Shivakumar Kalloor, learned counsel appearing for the appellants and also Sri S.S. Aspalli, learned High Court Government Pleader for the State. I have carefully perused the evidence led by the prosecution before the trial Court and also judgment of the trial Court. On over all re -analysis of the entire materials on record the point that would arise for the consideration of this Court is;

(3.) SRI Shivakumar Kalloor, learned counsel appearing for the appellants strenuously argued that the trial Court has not properly appreciated the oral and documentary evidence on record. If the materials available on record are appreciated in a proper perspective the appellants are entitled to be acquitted. He also contends that even for any reasons if this Court comes to the conclusion that the judgment of conviction is proper and need not be interfered then the sentence passed by the trial Court is exorbitant and considering the period of imprisonment already undergone by the accused persons reasonable modification may be made so far as sentence is concerned.