SHIVAMURTHY NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition has been preferred by the petitioner / accused No.2 under Section 397 (1) of Cr.P.C. praying to set aside the judgment dated 30.09.2011 passed in Crl.A.No.53/2011 by the I Addl. Sessions Judge, Mysore confirming the judgment of conviction and sentence dated 22.03.2011 in C.C.No.1054/2006 passed by the Additional Civil Judge & JMFC, Nanjangud.

(2.) The Trial Court had convicted the accused persons for the offence punishable under Sections 143, 147, 148, 323, 324, 326 and 427 read with Section 149 IPC and the accused were sentenced to pay fine of Rs.1,000/- each for the offence under Section 143 r/w 149 with default clause; to pay fine of Rs.1,000/- each for the offence under Section 147 r/w 149 with default clause; to pay fine of Rs.1,000/- each for the offence under Section 148 r/w 149 with default clause. Further they were sentenced to undergo SI for a period of six months and to pay fine of Rs.1000/- each for the offence under Section 323 r/w 149 IPC with default clause; for the offence under Section 324 r/w 149 IPC to undergo SI for a period of one year and to pay fine of Rs.1,000/- each; for the offence under Section 326 r/w 149 IPC to undergo SI for a period of two years and to pay fine of Rs.3,000/- each; for the offence under Section 427 r/w 149 IPC to undergo SI for a period of three months and to pay fine of Rs.1,000/- each. All the sentences shall run concurrently.

(3.) The said judgment was challenged before the first appellate Court in Crl.A.No.53/2011. The first Appellate Court while allowing the appeal in part and by modifying the judgment passed by the trial Court, had acquitted accused No.5 and 6 for all the offences and other accused for offences under Sections 143, 147, 148, 323 and 427 of IPC. Accused No.1, 3 and 4 were acquitted for the offences under Sections 326 of IPC. The conviction of Accused No.1 to 4 under Section 324 IPC was confirmed and the conviction of accused No.2 under Section 326 IPC was also confirmed. Hence, this revision petition by accused No.2/petitioner.