STATE OF KARNATAKA Vs. CHANNABASAPPA

JUDGEMENT

(1.) The present criminal appeal has been filed by Accused No. 2, challenging the judgment and order of conviction passed in Sessions Case No. 76 of 2016, whereby the learned Sessions Judge convicted the appellant under Sec. 201 read with Sec. 34 of the Indian Penal Code (IPC). The appellant was sentenced to undergo rigorous imprisonment for a period of two years for having assisted in the destruction of evidence pertaining to the murder of one Kumaraswamy Viraya Hiremath.

(2.) A connected appeal has been preferred by the State seeking enhancement of sentence, contending that the Trial Court erred in convicting the appellant only under Sec. 201 read with Sec. 34 IPC, instead of under Sec. 302 IPC.

(3.) Prosecution's Case: