R.S.SOMANAIKA @ SOMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the accused in Special C. No. 95/2008 on the file of VI Additional District and Sessions Judge and Special Court for Scheduled Caste/Scheduled Tribe, (POA) Act, Mysuru. The accused has challenged the correctness of the judgment of the trial court convicting him for the offences under Sections 302 and 324 of IPC. The accused has been sentenced for life in relation to offence under Section 302 IPC and to pay a fine of Rs.5,000/-, in default of payment of fine, to undergo rigorous imprisonment for six months. For the offence under Section 324 IPC, the trial court sentenced him to undergo rigorous imprisonment for six months.

(2.) The case of the prosecution in brief is as follows:-

(3.) The trial court has believed the evidence of the witnesses examined as PWs 1, 2, 10, 12, 15 and 16 and also the other witnesses in connection with drawing up of mahazar and also the investigation officer to come to the conclusion that the accused was guilty of offences under Sections 324 and 302 of IPC. The trial court has held that the evidence given by PWs1, 2, 10, 12 and 16 has remained unassailed and their evidence is believable.