KALLESHA, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellants are accused Nos.1 and 2 in Special Case No.175/2012. By judgment dated 10.04.2014, accused No.1 and 2 are convicted for the offences punishable under sections 376, 302, 201 read with 34 of Indian Penal Code ("IPC" for short) and section 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, ("SC/ST (POA) Act" for short) read with 34 of IPC and are sentenced to undergo imprisonment for life and a fine of Rs.5,000/- each for the offence under section 302 read with 34 of IPC; imprisonment for ten years for the offence punishable under section 376 of IPC; and imprisonment for life and fine of Rs.5,000/- for the offence under section 3(2)(v) of SC/ST (POA) Act read with 34 of IPC. All the sentences are directed to run concurrently.

(2.) We have heard learned counsel for appellants and learned Addl. SPP for respondent - State and have scrutinized the impugned judgment and the material on record.

(3.) Appellants were sent up for trial on the specific accusations that, on 11.03.2012, at about 7.30 p.m., appellants/accused Nos.1 and 2 were found embracing and dragging deceased Hemabai and that on the same day, at about 10.30 p.m., both the accused persons committed forcible rape on her and during the occurrence, caught hold of her hairs and dashed her head against the wall and thereby committed the offences punishable under sections 376 and 302 read with 34 of IPC. Since the dead body of the deceased was found in the nearby field in half naked condition, a charge under section 201 read with 34 of IPC was also framed against the accused. As the deceased belonged to Scheduled Caste, accused were further charged under sections 3 (2) (v) of SC/ST (POA) Act read with 34 of IPC. Accused denied the charges and faced trial.