NAGEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Appeal is filed under Section 374 (2) of Criminal Procedure Code by the Advocate for the Appellant praying that this Hon'ble Court may be pleased to set aside the Judgment and Order of conviction and sentence dated 7.12.2009 in Spl. Case No.114/2004 passed by the I Additional Sessions and Special Judge, Mysuru, convicting the Appellant/Accused No.1 for the offence punishable under section 304 of IPC and also under section 135 (1) of the Indian Electricity Act, 1910 and Appellant/Accused No.1 is sentenced to undergo rigorous imprisonment for three years with fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for six months for the offence punishable under section 304 of IPC and further the Accused No.1 is sentenced to undergo rigorous imprisonment for six months with fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for one month for the offence punishable under section 135 (1) of the Indian Electricity Act, 1910, the period of substantive sentence of imprisonment awarded to Accused No.1 run concurrently.

(2.) The contents of the FIR i.e., Ex.P10 discloses as under:

(3.) The contents of the complaint reads as under:-