DODDATHAYAMMA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants have challenged the legality of the Judgment of conviction and Order of sentence dated 01.03.2010 passed in S.C. No. 316/2007 by the IV Addl. District and Sessions Judge at Mysore. By the said Judgment, the appellants were convicted for the offence punishable under S.306 read with S.114 of IPC and sentenced to undergo simple imprisonment for 4 years and pay fine of Rs. 2,000/ - each and in default of payment of fine to undergo simple imprisonment for a further period of one month each.

(2.) Facts necessary for consideration and disposal of this appeal and as presented by the prosecution can be stated as follows:

(3.) During the trial 16 witnesses were examined. On the side of defence 3 witnesses were examined. After the evidence was closed, accused were questioned under S.313 of Cr.P.C. The accused denied the incriminating statements made by the prosecution witnesses against them. On conclusion of trial, by the aforesaid Judgment, the Trial Court acquitted accused Nos. 1 to 5, 7 to 12 and 14 i.e., all the Office bearers and Directors of the Society, of the offences punishable under Ss.143, 306 read with S.149 of IPC. However, accused Nos. 6 and 13 i.e., the Milk Tester and the Secretary respectively of the Society were convicted for the offence punishable under S.306 read with S.114 of IPC and sentenced, as aforesaid. This appeal is directed against the said Judgment of conviction and Order of sentence.