KUMARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The sole accused (appellant herein) has called in question the Judgment of Conviction and order on Sentence dated 24.08.2010 passed by the I Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, in SC No.168/2006 for the offence punishable under Section 307 of IPC, wherein the trial Court sentenced the accused to undergo Rigorous Imprisonment for 7 (Seven) years and to pay fine of Rs.45,000/-, in default, to undergo further imprisonment for 1 (One) year and out of fine amount, Rs.20,000/- each was ordered to be paid to PW.2 and PW.3, who are the victims in this case.

(2.) I have heard the arguments of the learned counsel for the appellant and the learned HCGP for the respondent-State. I have also carefully perused the oral and documentary evidence adduced and produced by the prosecution in support of its case.

(3.) Learned counsel for the appellant/accused has strenuously contended before this court that, the trial Court has not properly appreciated the oral and documentary evidence on record; Though the facts of the case do not constitute the offence under Section 307 of IPC, the trial Court morally convicted the accused for the said offence considering the nature of allegations made against him and the position of the victims. He further contended that, if the evidence on record is appreciated, the alleged offence may not fall under Section 307 or under Section 326 of IPC, but at the most, it may fall under Section 324 of IPC.