DAYANAND NAGU MARATE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by the accused who has been convicted by the Fast Track Court, Sisri in S.C.No.25/2010, dated 17.01.2011 for the offence punishable under Sections 498-A, 306 of IPC. The accused has been sentenced to undergo simple imprisonment for a period of two years and to pay fine of Rs.2,000/- for the offence under Section 498-A of IPC, in default, to undergo simple imprisonment for a period of three moths. The accused is also sentenced to undergo simple imprisonment for a period of five years and to pay fine of Rs.5,000/- for the of fence under Section 306 of IPC in default, to undergo simple imprisonment for a period of six months.

(2.) The brieffacts of this case for the purpose of this appeal are as under:

(3.) Learned Magistrate took cognizance of the alleged of fences and committed the case to the Sessions Court for trial as the offence punishable under Section 306 of IPC is exclusively triable by the Sessions Court. The presence of the accused was secured. After hearing the prosecution and accused, charge came to be framed for the offence punishable under Sections 498-A and 306 of IPC. Accused pleaded not gui lty. Therefore, learned Sessions Judge held trial of the case. After hearing both the sides and on appreciation of evidence on record, learned Sessions Judge came to the conclusion that the offence punishable under Sections 498-A and 306 of IPC are proved against the accused beyond any reasonable doubt. Consequently, passed the impugned judgment of conviction and sentence as stated above. The said judgment has been questioned by the appellant on following grounds: