SIDDARAM AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THE present appeal filed under Section 374(2), Cr.P.C. is directed against the judgment of conviction and sentence passed by the II Additional Sessions Judge, Gulbarga, in Spl. Case No. 254/10. The appellants had faced a trial for the offences punishable under Sections 143, 147, 323, 341, 504 read with Section 149, I.P.C. and Sections 3(1)(x) and (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. After recording the evidence of 10 witnesses and marking four exhibits, the learned special judge has chosen to convict the accused for the offences punishable under Sections 143, 323, 341, 504 read with Section 149, I.P.C.

(2.) FOLLOWING is the operative portion of the order as found in page 15 of the impugned judgment:

(3.) LEARNED counsel representing the appellants, Mr. Avinash Upalaonkar has vehemently argued that the learned judge has not properly assessed the evidence of all the witnesses in right perspective and that the first information stated to have been lodged by the complainant is no first information in the eye of law, and it is hit by Section 161, Cr.P.C.