NAGSHETTY Vs. THE STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 32/2009 who was convicted for the offences punishable under Ss. 304 and 326 of IPC and he was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 40,000/ - in default to undergo simple imprisonment for six months for the offence punishable under Sec. 304 of IPC and also sentenced to undergo rigorous imprisonment for two years for the offence punishable under Sec. 326 of IPC. Out of the fine amount, an amount of Rs. 35,000/ - was ordered to be paid to the wife of the deceased and remaining Rs. 5,000/ - is to be confiscated to the State. The above said judgment of conviction and sentence is called in question before this Court.

(2.) The brief factual matrix of the case that emanate from the records are that;

(3.) The learned Presiding Officer, Fast Track Court -II at Bhalki framed charges against offences punishable under Ss. 326 and 304 of IPC as the accused pleaded not guilty proceeded to record the evidence. The prosecution in order to bring home the guilt of the accused examined 19 witnesses as P.Ws. 1 to 19 and got marked 14 documents at Exs. P1 and P14 and Material Objects at MOs. 1 to 5. Accused was also examined under Sec. 313 Cr.P.C., and after hearing the arguments on both sides, the Court has rendered the judgment of conviction and sentenced the appellant as detailed supra.