S RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellants/ accused against the judgment of conviction and order of sentence passed by the IV Additional Sessions Judge, Mysore in S.C.No. 87/2011 dated 24.03.2012 convicting accused Nos. 1 to 4 under Section 306 read with Section 34 IPC and sentencing them to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- each and in default to undergo simple imprisonment for a further period of six months.

(2.) Factual matrix of the appeal is as under:

(3.) The Trial Court framed charges against the accused for the offence punishable under Section 306 R/w 34 IPC wherein the accused did not plead guilty but claimed to be tried. In order to establish the guilt of the accused the prosecution in all examined P.W.1 to P.W.11 and got marked several documents as Exs.P.1 to P.12 apart from getting marked M.O.1 to M.O.5. Ex.D.1 was got marked for the defence side. Subsequently, the court below on hearing the arguments advanced by the prosecution and defence counsel and on appreciating the evidence on record, convicted the accused for the offences under Section 306 read with Section 34 IPC. It is this judgment which is under challenge in this appeal.