LAWS(KAR)-2016-7-146

MALLIKARJUN @ MALLINATH Vs. STATE OF KARNATAKA

Decided On July 12, 2016
MALLIKARJUN @ MALLINATH; BHIMSHA; PRABHU; VEERABHADRA; GUNDAMMA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard the learned Counsel for the appellants and the learned Government Pleader for the State.

(2.) It is to be noticed at the outset that appellant no.3, who was accused no.4 before the trial court, is no more and his death has been reported vide memo dated 3.11.2015. And even during the pendency of the trial, accused no.2 had died. Therefore, the appeal is only by accused nos.1,3,5 and 6.

(3.) Accused nos.1 and 3 to 6 were sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.1,000/- for an offence punishable under Section 498A of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity) and further sentenced to undergo rigorous imprisonment for a period of 6 years and to pay fine of Rs.3,000/- for the offence punishable under section 306 of the IPC. This judgment of the trial court having been challenged before this court, this court, by its judgment dated 2.6.2006, had allowed the appeal in part and had held that accused nos.3 to 6 were sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs.25,000/- each for the offence punishable under Section 498A of the IPC, which was challenged before the Supreme Court in Criminal Appeal No.594/2008 and by order dated 8.9.2015, the matter has been remanded by the Supreme Court for a fresh decision, as it was observed by the Supreme Court that there was no appreciation of the evidence on record and therefore, the extreme step was necessary.