JAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed by the petitioner / accused under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .') praying to set aside the Judgment of conviction and Order on sentence passed by the Addl. Civil Judge and JMFC Court, Hunagud (for short, hereinafter referred as 'Trial Court') in C.C. No.728/2011 for the offences punishable under Ss. 32 and 34 of Karnataka Excise Act, 1965 (for short 'K.E. Act') and Sec. 273 of Indian Penal Code (for short, hereinafter referred as ' IPC '). For the offences punishable under Ss. 32 and 34 of the K.E. Act, the petitioner was sentenced to rigorous imprisonment for a period of one year and also pay a fine of Rs.10,000.00, in default to pay fine, to undergo simple imprisonment for a period of three months. Further, for commission of offence under Sec. 273 of IPC, petitioner was sentenced to undergo simple imprisonment of two months. The sentences were ordered to run concurrently. The same was upheld by learned District and Sessions Judge, Bagalkot (for short, hereinafter referred as 'Appellate Court') in Crl.A. No.51/2013 dtd. 22/5/2014.

(2.) Heard the arguments of Sri. N.L. Batakurki, learned counsel for the petitioner and Sri. V.M. Banakar, learned Addl. State Public Prosecutor for the respondent.

(3.) The rank of the parties are referred to as per their status in the Trial Court.