MANJAPPA SHANKRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has called in question the judgment of conviction and sentence passed in S.C. No. 45/2013 dated 28.10.2014 passed by the Fast Track Court & Addl. Sessions Judge, Dharwad. By the above said judgment the trial Court has convicted the appellant for the offences punishable u/S. 304-II of Penal Code and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.25,000.00 in default to undergo simple imprisonment for one year. The trial Court has also awarded an amount of Rs.20,000.00 out of the fine amount as compensation to P.W.11-Mallamma, who is the wife of the deceased Gwalappa. The Court has also granted the set-off for the period which the accused has undergone during the enquiry and trial.

(2.) The learned counsel appearing for the appellant has submitted before the Court that in view of the appellant has already undergone four years four months and nine days imprisonment out of five years awarded against him, he do not want to press the appeal on merits of the case. However, he only challenges the sentence passed by the trial Court as exorbitant and also the learned counsel contends that, in view of the facts and circumstances of the case, the accused appellant has to be sentenced to the period he has already undergone in the jail.

(3.) In view of the said submission, the Court need not go to the consideration of the merits of the case. However, the Court should look into the factual aspects of the case to find out whether the sentence passed by the trial Court is exorbitant or in view of the long incarceration of the accused, this Court can reduce the sentence to the period already undergone by the appellant.