MAHESH S/O BALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Government Pleader for the respondent.

(2.) The appellant is in appeal against the judgment imposing a sentence of punishment to undergo rigorous imprisonment for a period of three years for an offence punishable under Section 307 of the Indian Penal Code, 1860 and to pay a fine of Rs.2,000/- and rigorous imprisonment for a period of six months for an offence punishable under Section 506 of Indian Penal Code, 1860. These substantive sentences are to run concurrently. The appellant was held entitled to a set off for the period for which he was in judicial custody. The brief facts leading up to the same are as follows:

(3.) After further investigation, the appellant who was absconding, was traced in Gadwal and he was brought to Raichur and produced before the Sub-Inspector. Thereafter, the weapon used by the appellant was recovered. The Magistrate, took cognizance of the offences alleged against the appellant and secured his presence as he was in judicial custody and committed the matter to the Court of Sessions. After the case was made over to the Sessions Court, since the appellant pleaded that he was not in a position to engage counsel, he was provided legal aid. Thereafter, charges were framed against the appellant and since the appellant pleaded not guilty and claimed to be tried, the prosecution tendered evidence of 13 witnesses i.e. PW-1 to PW-13 and marked Exhibits P-1 to P-7 as well as M.O.-1 to M.O.-4. On the basis of the evidence tendered, the Court below has framed the following points for consideration :