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Showing contexts for: section 511 in Basavaraja vs The State Of Karantaka By on 1 August, 2018Matching Fragments
PW17-K.P.Bheemaiah, SP, CID speaks regarding the formalities of conducting investigation and filed the chargesheet.
17. With the above oral and documentary evidence, learned trial Judge found accused No. 1 guilty of the offence punishable under Sections 302,201 r/w section 34 IPC and Sections 3(2)(v) of SC and ST (POA) Act and accused No.2 is convicted for the offence punishable under sections 376 read with Section 511 of IPC and Sections 302 and 201 r/w 34 of IPC and also Sections 3(2)(V) of SC & ST (POA) Act and they were sentenced as under:
Accused No.2 Basavaraja is sentenced to undergo life imprisonment and pay fine of Rs.1,000/- in default to undergo SI for six months for the offence punishable under section 302 read with section 34 of IPC;
To undergo SI for three and half years (3 ½) and pay a fine of Rs.1,000/-, in default to undergo SI for six months for the offence punishable under Section 376 r/w section 511 of Indian Penal Code;
To under go SI for three years and pay a fine of Rs.5,000/-, in default to undergo SI for one year for the offence punishable under section 201 read with section 34 of Indian Penal Code;
26. After trial, learned Trial Judge held the accused No.1 guilty and convicted her for the offences punishable under Sections 302 read with section 34 of IPC and also convicted accused No.2 for the offences punishable under Sections 302, 201 r/w 34 IPC, under Sections 376 r/w section 511 of IPC and section 3(2)(V) of SC & ST (POA) Act and sentenced as stated above.
27. At this juncture, it is necessary to mention that, accused No.1 preferred the appeal against the judgment of the trial Judge in Criminal Appeal No.882/2010 which was dismissed by the Division Bench of this Court 9th July 2013 confirming finding of the Trial Judge.
45. Hence, we pass the following ORDER Appeal is allowed.
The judgment dated 8.2.2010 convicting the appellant (Accused No.2) in SC No.56/2007 for the offences punishable under Sections 376 read with Section 511 of IPC and Sections 302 and 201 read with Section 34 of IPC and also Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentencing him to undergo life imprisonment and pay fine of Rs.1000/-, in default to undergo SI for six months for the offence punishable under Section 302 read with Section 34 of IPC; to undergo SI for three and half years (3 ½) and pay a fine of Rs.1000/- in default, to undergo SI for six months for the offence punishable under Section 376 read with section 511 of IPC, to undergo SI for three years and pay a fine of Rs.5,000/- in default to undergo SI for one year for the offence punishable under Section 201 read with Section 34 of IPC and to undergo life imprisonment and pay a fine of Rs.5,000/- in default to undergo SI for six months for the offence punishable under Section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is hereby set aside.