KASHI VISHWANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant, who is accused No.1, by this appeal has challenged the judgment dated 27th July, 2004 in Criminal Appeal No.347 of 2001 passed by the Division Bench of the High Court of Karnataka at Bangalore whereby the High Court affirmed the conviction and sentenced imposed by the trial court under Section 498-A and 302 read with 34 IPC. So far as accused No.2 is concerned, the High Court acquitted her of all the charges levelled against her.

(2.) The appellant along with other accused faced charges punishable under Section 498-A and 302 read with 34 IPC. The First Additional Sessions judge, Dharwad, sitting at Hubli by his judgment dated 1st February, 2001 in Sessions Case No.119 of 2000, acquitted accused No.2 under Section 235(1) Cr.P.C. of the offences under Sections 498-A and 302 IPC but convicted accused Nos.1 and 3 under Section 235(2) Cr.P.C. for the offences under Sections 498-A and 302 read with Section 34 IPC. They were sentenced to undergo rigorous imprisonment for one year by each and to pay fine of Rs.1,000/- by each, in default to undergo further rigorous imprisonment for one month, for offence under Section 498-A IPC. They were sentenced to undergo life imprisonment and to pay find of Rs.2,000/- by each, in default, to undergo rigorous imprisonment for three months by each for the offence under Section 302 IPC.

(3.) The case of the prosecution, in brief, as unfurled before the trial court is as follows: