VISHNU NARAYAN MOGER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) - Criminal Appeal No. 473 of 1989 is preferred by the appellants who were the accused in the trial Court against the judgement dated 6-7-1989 passed by the Session Judge, Karwar, in S.C. No. 6 of 1989 convicting the 1st appellant/accused No. 1 for the offences punishable under Sections 304 Part II and 324 of the Indian Penal Code and 2nd appellant/accused No. 2 for the offence under Section 114 punishable under Section 109 Indian Penal Code and sentencing the 1st appellant to undergo rigorous imprisonment for 5 years for the offence under Section 304 Part II and to undergo rigorous imprisonment for 2 years for the offence under Section 324 Indian Penal Code, and ordering the sentences to run concurrently and releasing the 2nd appellant on the Probation of Offenders Act.

(2.) Criminal Appeal No. 736 of 1989 is preferred by the State against the very judgement of the Sessions Judge, Karwar, acquitting the 1st appellant of the offence punishable under Section 302 and 307 Indian Penal Code and the 2nd appellant of the offence under Section 114 I.P.C.

(3.) Criminal Appeal No. 473 of 1989 is to be heard by a learned Single Judge. It has been clubbed with Criminal Appeal No. 736 of 1989, since both the appeals are directed against the same judgement of the trial Court. As both the appeals are directed against the same judgement and the parties are also the same, we have heard both the appeals together and pronounced a common judgement in both the appeals.