STATE OF KARNATAKA, THROUGH CHAMARAJANAGARA RURAL Vs. KRISHNANAIKA

JUDGEMENT

(1.) The appellant-State of Karnataka is before this Court in this appeal against the portion of the judgment dated 27.04.2013 passed in SC No.83/2011. The charge alleged against the respondent-accused was for the offence punishable under Section 302 of IPC. The Court below through its impugned judgment dated 27.04.2013 has acquitted the respondent of the offence charged under Section 302 of IPC but has held the respondent guilty of causing culpable homicide not amounting to murder under Section 304, Part II of IPC and has accordingly convicted the respondent to undergo sentence of rigorous imprisonment for a period of seven years and the fine of Rs.10,000/- is imposed. It is ordered to undergo further imprisonment for a period of five months if the fine amount is not paid.

(2.) The instant appeal is filed contending that the offence under Section 302 of IPC has been established before the Court below and in that view the Court below was not justified in convicting the respondent for a lesser offence under Section 304, part II of IPC. In that view it is sought that the appeal be allowed and the respondent be convicted under Section 302 IPC and accordingly be awarded commensurate punishment.

(3.) In the above background we have heard Ms.Namitha Mahesh, learned Government Advocate for the appellant-State and Sri Sharath Babu, learned counsel for the respondent.