MALA AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal is filed under Sec. 374, Cr.P.C. challenging the judgment of conviction and sentence passed against this appellant in S.C. 162/95 which was pending on the file of Principal Sessions Judge, Mysuru. The learned judge has convicted the appellant herein for the offence punishable under Sec. 366, I.P.C. and is sentenced to undergo RI for a period of 4 years and also to pay a fine of Rs. 2,000/ -, in default, to undergo RI for a period of 3 months. The benefit of set -off to the appellant under Sec. 428, Cr.P.C. is also given.

(2.) Initially this petitioner and one Meena -2nd accused had also been convicted for the above offence and both of them had been directed to undergo the punishment stated above. The matter was taken up in appeal before this Court and was disposed of on 27.8.2006 acquitting the 2nd appellant -Meena and reducing the sentence imposed upon this appellant from 4 years RI to one year RI and also increasing the fine imposed from Rs. 2,000/ - to Rs. 25,000/ - and in default, to undergo RI for one year. The judgment of this court on 27.8.2006 was carried to the Hon'ble apex court by this appellant in Crl. Appeal No. 85/07. The State did not choose to file any appeal against the order of acquittal of the 2nd accused -Meena. Thus judgment of acquittal of record accused has attained finality. Ultimately the appeal filed before the Hon'ble Apex Court came to be allowed on 1.9.2015, remanding the matter to this court to consider the appeal afresh after appreciating the entire evidence on record. Hence, the appeal is restored to its original number and is taken up for fresh consideration insofar as this appellant alone is concerned.

(3.) The facts leading to the filing of this appeal under Sec. 374, Cr.P.C. by the 1st accused are as follows: