STATE OF KARNATAKA Vs. SRIRIYAPPA ALIAS SREE RAM

JUDGEMENT

(1.) The State has challenged the correctness and legality of the order dated 15-12-1990 passed by the learned Sessions Judge, Bellary in Cr. A. No. 107/1988.

(2.) The facts are that the respondent was prosecuted for offences under Sections 324 and 326, I.P.C. before the J.M.F.C., Siruguppa in C.C. No. 734/1987. The learned Magistrate convicted the respondent for the offence punishable under Section 324 and 326, I.P.C. and released him under bond for good behaviour under Section 4, of the Probation of Offenders Act, 1958, (for short the Act). The matter was taken in appeal before the learned Sessions Judge and the learned Sessions Judge upheld the order holding that the benefit of Section 4, of the Act was available to the respondent as the offence under Section 326, I.P.C. was not punishable with death or imprisonment for life. The learned Sessions Judge negatived the contention of the State to the contrary in adopting that view. Hence, the State has come in revision before this Court.

(3.) The respondent was found guilty of an offence punishable under Section 326, I.P.C. The punishment provided under Section 326, I.P.C. for causing grievous hurt is imprisonment for life or for imprisonment of either description for a term which may extend to 10 years and also fine.