STATE OF KARNATAKA Vs. NAGARAJU @ RAJANNA

JUDGEMENT

(1.) Appeal is directed against the Judgment dated 18.02.2010 passed by the learned Principal District and Sessions Judge, Bangalore Rural District in S.C.No.13/2005, wherein the accused Nos.1, 2 and 3 therein were convicted for the offence punishable under Section 304-II of IPC and imposed fine of Rs.25, 000/- and as accused had spent one month twenty one days as under trial prisoners, judicial custody during trial for the said period was treated as the period of imprisonment and thus they were given benefit of set off. However it is seen that, the period of imprisonment consequent to non-payment of time is not mentioned. State being aggrieved by the quantum of sentence imposed by the learned Trial Judge has preferred the appeal seeking enhancement of the same.

(2.) Trial court records are made available.

(3.) Heard learned counsel appearing for both sides.