STATE OF KARNATAKA Vs. SURAJ S/O VASUDEVA

JUDGEMENT

(1.) The present appeal is preferred by the State against the judgment dated 31.1.2013, passed by the II Additional District and Sessions Judge, D.K. Mangalore in Crl.Appeal No.104/2010, by which the judgment/order dated 20.3.2010 passed in CC.No.143/2008 by the I Additional Senior Civil Judge and CJM, Mangalore, was confirmed by dismissing the appeal for enhancement of sentence and also dismissing the application filed by the respondent-accused under Section 377(3) of Cr.P.C.

(2.) We heard the learned Additional SPP Sri Vijayakumar Majage and the learned counsel Sri P.P. Hegde appearing on behalf of the respondent-accused.

(3.) Brief facts of the case are that on 2.6.2008 at about 11.45 p.m. when complainant along with CWs.3 and 4 was proceeding in an autorickshaw belonging to CW.2, accused persons were standing in the middle of the road by parking their two wheelers on the road. When complainant requested them to remove their vehicles, accused persons abused him in filthy language and at that time, accused No.1 took out a knife which was in his key bunch and stabbed on the stomach of the complainant and thereby caused grievous injuries. On the basis of the complaint given by the complainant, a case was registered against the accused for the offences punishable under Sections 326 and 504 r/w. Section 34 of IPC. The trial Court after holding the trial, came to the conclusion that the prosecution has proved the guilt of the accused and convicted accused No.1 for the offence punishable under Section 326 and acquitted him of the offence punishable under Section 504 of IPC, whereas accused No.2 has been acquitted of both the offences. While imposing the sentence, the trial Court sentenced accused No.1 to pay a fine of Rs.5,000/-, in default, to undergo SI for one year and also sentenced him till the rising of the Court. As the sentence imposed is inadequate and it is not in proportionate to the offence committed by the accused, State preferred an appeal before the first appellate Court. The first appellate Court after hearing both the parties, confirmed the judgment and order of the conviction and sentence passed by the trial Court and dismissed the appeal. Against the said judgments, the appellant-State is before this Court in the present appeal.