LAWS(KAR)-2019-3-297

SRINIVASA Vs. STATE OF KARNATAKA

Decided On March 02, 2019
SRINIVASA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These two appeals arise from the Judgment of the II Addl. District and Sessions Judge, Tumkur in S.C. No.10/2014. Crl.A.No.1493/2015 is filed by accused No.1 questioning the judgment of the trial court convicting him for the offences under section 302 and section 498-A of IPC and the order of sentencing him in connection with said offences. Crl.A.No.881/2015 is filed by the State questioning the correctness of acquittal of accused No.2 in relation to offence under section 498-A of IPC.

(2.) The prosecution case in brief is as follows:

(3.) The trial court conducted trial and after going through the evidence of witnesses examined on behalf of the prosecution, came to the conclusion that prosecution was not able to prove its case against accused No.2 with regard to offence under section 498-A of IPC and therefore acquitted accused No.2 of the said offence. However, the Trial Court came to the conclusion that the prosecution was able to prove its case against accused No.1 for the offence under sections 498-A and 302 of IPC. For the offence under section 498-A, first accused was sentenced to undergo rigorous imprisonment for six months and pay fine of Rs.2,000/- and in default, to undergo simple imprisonment for one month. In relation to the offence under section 302 IPC, he was sentenced to life imprisonment and directed to pay fine of Rs.50,000/-. He was also directed to undergo simple imprisonment for a period of six months in case he would default in paying fine amount. Out of the fine amount, Rs.30,000/- was directed to be paid to the father of the deceased towards compensation.