K. SREEDHAR RAO, J.

( 1 ) THE appeal filed against the judgment of conviction and sentence passed in S. C. No. 52/95 by the III Additional Sessions Judge, Mangalore. The appellant is the accused charge sheeted for committing offences punishable u/ss. 307 and 504, IPC. On the basis of the oral and documentary evidence adduced, the accused is convicted for the offence u/ss. 504 and 307, IPC and sentenced S. I. for a period of three months for committing an offence u/s. 504, IPC. The accused is further sentenced to pay a fine of Rs. 15,000/- and to undergo R. I. for a period of five years for commission of offence punishable u/s. 307, IPC. In default of payment of fine, the accused should undergo R. I. for a period of two years. The sentences are directed to run concurrently. The accused is in Judicial Custody between 22-1-1995 to 9-2-1995 and from 1-7-1998 to 10-7-1998. The said period is given set off u/s. 428, Cr. P. C.

( 2 ) THE prosecution has examined 10 witnesses. P. W. 1 is the injured and the complainant, P. W. 2 to 4 are the eye-witnesses, they have turned hostile and they have not supported the prosecution version, P. W. 5 is the brother of P. W. 1 and he took P. W. 1 to the

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