M V MAHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellants against the judgement dated 12th August 1993 passed by the II Additional Sessions Judge, Bangalore, convicting the appellants-accused for the offence punishable under Section 302 read with S. 34, I.P.C. and sentencing to imprisonment for life and a fine of Rs. 3000/- each and in default R. I. for 4 months each and convicting for the offence punishable under Section 316 read with S. 34, I.P.C. and sentencing to R. I. for 10 years and a fine of Rupees 2000/- in default R. I. for 3 months and also convicting for the offence punishable under Section 201 read with S. 34, I.P.C. and sentencing to R. I. for seven years and fine of Rs. 1000/- in default R. I. for 2 months.

(2.) After preferring the appeal, appellant No. 2 died. One Putta Thayamma w/o appellant No. 2 filed I. A. No. IV under Section 394, Cr. P.C. to grant her leave to continue the appeal. The said I. A. was heard. The Addl. S.P.P. had no objection to allow the said I.A. and the Court by exercising its power under Section 394, Cr. P.C. granted leave to the applicant Putta Thayamma, who is the wife of appellant No. 2, to continue the appeal. Hence, in view of the said order, the appeal preferred by appellant No. 2 also has continued.

(3.) We have heard the learned counsel for appellant No. 1 Sri R. B. Deshpande, and Sri P. Srinivasaiah, the learned counsel for the appellant No. 2 and the learned Additional State Public Prosecutor Sri. A. B. Patil for the respondent, State fully and perused the records of the case.