B. M. MUTHEGOWDA, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Revision Petition is preferred calling in question (1) the judgment passed in CC No.3131/2001 dated 22.9.2008 by the Principal Civil Judge (Jr. Dn.) and JMFC, Chickmagalur, in convicting and sentencing the accused for the offences punishable under sections 324, 326, 504 and 506 Part II read with Section 34 of IPC and (2) the judgment passed by the Fast Track Court at Chickmagalur in Crl.A. No.94/2008 dated 23.09.2010 in confirming the judgment and sentence passed by the trial Court for the offences under Sections 324. 326, 504 of IPC.

(2.) The trial Court has sentenced the petitioners/accused to undergo imprisonment for a period of one year and to pay fine of Rs.1,000/- each with a default sentence of 30 days simple imprisonment for the offence punishable under section 324 of IPC; further sentenced the petitioners/accused to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.2,000/- each with a default sentence of two months simple imprisonment for the offence punishable under section 326 of IPC; sentenced the petitioners/accused to undergo simple imprisonment for a period of one year and to pay fine of Rs.1,000/- each with a default sentence of 30 days simple imprisonment for the offence punishable under section 504 of IPC; sentenced the petitioners/accused to undergo simple imprisonment for a period of one year and to pay fine of Rs.1,000/- each with a default sentence of 30 days simple imprisonment for the offence punishable under section 506 of IPC.

(3.) The petitioners herein have challenged the judgment of conviction and sentence passed by the trial Court in Crl.A. No. 94/2008, wherein the first appellate court has modified the judgment of conviction and sentence passed by the trial Court. The first appellate court has acquitted the petitioners for the offence punishable under section 506 read with Section 34 of IPC. However, confirmed the judgment and sentence passed by the trial Court sofar as the other offences are concerned. The victim-Devarajegowda (PW.1) also filed an appeal against the same judgment and sentence for enhancement of the sentence in Crl. A. No.163/2009. The said appeal was dismissed.