ANASUYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused 1 to 5 in Sessions Case 141/2005 have preferred this appeal aggrieved by the judgment dated 23.9.2006 of the Additional Sessions Judge and Fast Track Court-III, Hassan. The appellants have been convicted in relation to offence under Section 34 of the Karnataka Excise Act and sentenced to undergo rigorous imprisonment for two years and to pay fine, of Rs.2,000/-, and in default to pay the fine, to undergo further sentence for six months.

(2.) The prosecution case in brief is as follows :-

(3.) The learned Sessions Judge after evaluating the evidence of 14 witnesses PWs1 to 14 and 40 documents marked as Exs. P1 to P40 and also 39 material objects MOs 1 to 39 came to the conclusion that the prosecution was able to prove its case only in respect of the offence under Section 34 of the Karnataka Excise Act and sentenced them as stated above. The accused were acquitted of the offence under Sections 302, 307, 272, 273 read with Section 34 IPC and also Section 32 of the Karnataka Excise Act.