GAJABEERSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal filed by the accused questioning the legality and correctness of the judgment of conviction and sentence dated 6.07.2017 passed by the learned I Additional District and Sessions Judge, Bagalkot, sitting at Jamakhandi, in Sessions Case No.69 of 2016 wherein the accused is convicted for the of fences punishable under Sec. 498A and 306 of the Indian Penal Code (hereinafter referred to as the 'IPC' for brevity) and sentenced to undergo imprisonment for three years and to pay fine of Rs.10,000.00 in default to undergo imprisonment for 1 year for the offence under Sec. 498A of Penal Code and to undergo imprisonment for a period of ten years and to pay fine of Rs.10,000.00 in default to undergo imprisonment for 1 year for the offence punishable under Sec. 306 IPC.

(2.) The learned counsel for the appellant submitted that none of the witnesses examined by the prosecution were cross-examined by the accused. No sufficient opportunity has been provided to the accused. Counsel for the accused has sought to retire from the case. Therefore, he did not appear in the proceedings. The trial Court has not appointed any standing counsel to defend the accused. Therefore, sufficient opportunity has not been granted to the accused to defend himself. Hence, learned counsel has prayed to set aside the impugned judgment of conviction and sentence and to remand the matter back to the trial Court for fresh disposal by providing an opportunity for the accused to defend himself.

(3.) Learned High Court Government Pleader submitted that there is sufficient evidence on record to prove the guilt of the accused beyond all reasonable doubt. The accused was not diligent in cross-examining the prosecution witnesses. Therefore, there are no grounds to disbelieve the evidence of the prosecution witnesses. Hence, learned Government Pleader prayed to dismiss the appeal.