PAPANNA S/O KARIYAPPA; KAMARAJU S/O RANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants are questioning the legality and correctness of the judgment of conviction dated 06.04.2009 and order of sentence dated 08.04.2009, passed in Special Case No.106/2007 by the III Additional Sessions Judge and Special Court for trial of cases under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 Tumkur, [herein after referred to as 'POA Act' for short].

(2.) The appellants, by the impugned Judgment and Order, have been convicted for the offences punishable under Sections 326, 506 read with Section 34 of the Indian Penal Code and Section 3 (1) (x) and 3 (2) (v) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act 1989 and sentenced to undergo simple imprisonment for a period of 4 years and to pay fine of Rs.1000/- each and in default of payment of fine, to undergo simple imprisonment for a further period of one month each for the offence punishable under Section 326 IPC. Further, they are sentenced to undergo simple imprisonment for life and to pay fine of Rs.1000/- each, in default to pay fine, they shall undergo simple imprisonment for a further period of one month each for the offence punishable under section 3 (2) (v) of SC/ST (POA) Act r/w. 34 IPC. However, the accused-appellants have been acquitted of the offence punishable under Section 506 IPC and Section 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

(3.) We have heard Shri. K. Hanumantharayappa, the learned counsel for the appellants and Shri. N.S. Sampangiramaiah, learned High Court Government Pleader for the state and perused the records.