- (1.) This appeal is directed against the Division Bench judgment of the High Court of Karnataka dated 31st March, 2006 passed in Criminal Appeal Nos. 276 along with 1201 of 1999. Both the appeals were preferred by the State of Karnataka before the High Court. In Criminal Appeal No. 276 of 1999, as many as 24 respondents were arrayed while in Criminal Appeal No. 1201 of 1999 there was only one respondent.
(2.) Altogether 28 accused were proceeded against in Crime No. 134 of 1991 for the offences punishable under Sections 143, 147, 148, 342, 114, 302, 436 and 506 read with 149 IPC. One Shobha was a juvenile and, therefore, her case was dealt with separately by the Juvenile Justice Board. The rest of the 27 accused were tried before the learned First Additional Sessions Judge, Jabalpur in Sessions Case No. 35 of 1992. When the trial was pending, second accused and 15th accused died, and, therefore, the criminal case against them got abated. The case against A18 was separated by order dated 12th October, 1995. Ultimately, by judgment dated 30th November, 1998, the trial Court acquitted all the accused.
(3.) As against the said acquittal, the State preferred the above two Criminal Appeals. Subsequently, the case as against A-18 also ended in acquittal. Thereafter, the State preferred the two appeals namely, 276 and 1201 of 1999 before the High Court. In Criminal Appeal No. 276 of 1999, 24 respondents were shown and in Criminal Appeal No.1201 of 1999, A-18 was the respondent. By the impugned judgment and order, the Division Bench of the High Court reversed the judgment of the trial Court and convicted the appellants along with other accused for offences under Sections 148, 302, 506, 342 and 436 read with 149 IPC. They were imposed with the sentence of life imprisonment for the offences punishable under Section 302 IPC apart from a fine amount of Rs. 5,000/-(Rupees five thousand) with a default clause to undergo further rigorous imprisonment for a period of two years. They were also convicted for the offence under Section 436 IPC and sentenced to undergo imprisonment for a period of ten years along with a fine of Rs.5,000/-(Rupees Five thousand) with a default sentence of one year rigorous imprisonment. The fine amount, after its collection, was directed to be distributed equally to the heirs of deceased Channabasappa and Pavithra Bai. Both the sentences were directed to run concurrently.;