- (1.)Leave granted.
(2.)With the consent of learned counsel for the parties, matter was heard finally.
(3.)Instant is an appeal filed by three persons who were accused of committing offence punishable under Section 397 read with Section 120-B IPC along with five others. After the trial of these accused persons, the Sessions Court had acquitted all the accused person holding that charge under the aforesaid provisions had not been proved against these accused persons beyond reasonable doubt. The State had questioned the validity of the judgment of the trial court by preferring the appeal under Section 378(1) and (3) of the Code of Criminal Procedure. During the pendency of the appeal, one of the accused persons, namely P.Laxman (A-3) died. Appeal was heard qua remaining seven accused persons. The High Court vide its judgment dated 1st December 2010 has convicted five of the seven accused persons for the offence punishable under Section 397 read with Section 120- B of the IPC and have imposed the sentence of rigorous imprisonment for a period of seven years. They have also been directed to pay compensation of Rs.50,000/- each for the aforesaid offences and in default of such payment, to undergo simple imprisonment for a period of one year. The persons who were convicted are accused No.1 to 5, 7 and 8. In respect of accused No.4 and 6, the judgment of the Sessions Judge is maintained holding that the charges against them are not proved and appeal in respect of the said two persons is dismissed. As mentioned above, out of the five accused convicted, only three have approached this Court with present appeal, who are A-1, A-2 and A-5.