NAGALINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel Sri. P. Nataraju for the petitioner and the learned HCGP Shri Thejesh for the State.

(2.) This Criminal Revision Petition is directed against the judgment passed by the Appellate Court in Crl.A.No.107/2006 dated 07.03.2011 allowing the appeal in part and modifying the impugned judgment of conviction and sentence passed by the Trial Court in C.C.No.504/2002 dated 27.04.2006. The Trial Court had convicted accused No.1 -petitioner herein for offences under Sections 498-A and 506 of IPC and Section 4 of the Dowry Prohibition Act and had sentenced him to undergo simple imprisonment for one year and to pay fine of Rs.2,000/- for the offence under Section 498-A IPC; sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.1,000/- for the offence under Section 506 IPC; sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.2,000/- for the offence under Section 4 of the DP Act, which sentences were to run concurrently. However, the Appellate Court, by its order dated 7.3.2011 had modified the said judgment rendered by the Trial Court and had reduced the sentence of simple imprisonment to six months and to pay a fine of Rs.500/- for each of the offence under Sections 498-A IPC and Section 4 of the DP Act and set aside the conviction under Section 506 read with Section 34 IPC.

(3.) The factual matrix of the petition as per the case put forth by the prosecution is as follows: