KOLLAPPA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, being accused Nos.1 and 2, have challenged the judgment of conviction and order of sentence passed by the Civil Judge (Junior Division) and Judicial Magistrate First Class Court, Hosanagara, in Criminal Case No.379 of 2005, wherein both the petitioners tried and convicted by the trial Court for the offences punishable under Sections 326 and 504 read with Section 34 of the Indian Penal Code (for short, 'the I.P.C.'). Petitioner No.1 was sentenced to undergo simple imprisonment for six months with a fine of Rs.500/- and in default of payment of fine, to undergo simple imprisonment for one week for the offence punishable under Section 326 of the I.P.C. and both the petitioners were sentenced to pay a fine of Rs.500/- each and in default of payment of fine, to undergo simple imprisonment for eight days for the offence punishable under Section 504 of the I.P.C. vide judgment dated 5-1-2010.

(2.) Being aggrieved by the same, the accused have preferred an appeal in Criminal Appeal No.3 of 2010 for setting aside the judgment of conviction and order of sentence passed by the trial Court, whereas the State has also preferred an appeal in Criminal Appeal No.26 of 2010 seeking enhancement of sentence. The Fast Track CourtIII, after hearing the arguments, dismissed both the appeals and confirmed the judgment of conviction and order of sentence passed by the trial Court vide judgment dated 28-11-2011. The accused preferred this petition against the judgment of conviction and order of sentence passed by the trial Court. However, the State has not preferred any revision petition.

(3.) Heard the learned counsel for the petitioners as well the learned High Court Government Pleader for the respondent-State. Perused the records.