JUDGMENT

Shivashankar Amarannavar,J. - This appeal is filed by the accused No.2 challenging his conviction and order of sentence passed by the Fast Track-I, Dharwad in SC No.127/2010 dated 02.06.2012 wherein accused No.2 has been convicted for the offence punishable under Sections 341 R/w 34 of IPC and Section 307 of IPC. The appellant-accused No.2 has been convicted and sentenced to undergo simple imprisonment for a period of three days for the offence punishable under Section 341 r/w 34 of IPC and sentenced to undergo simple imprisonment for a period of 4 years and shall pay fine of Rs.5000/- in default to undergo simple imprisonment for a period of 15 days for the offence punishable under Section 307 of IPC.

2. The appellant/accused No.2 has been acquitted for the offence punishable under Sections 323, 504 and 506 R/w Section 34 of IPC. Accused Nos.1 to 3 are acquitted for the offence punishable under Sections 504, 323, 506 and Section 307 of IPC.

3. The factual matrix of the case is as under:

On 12.11.1996 at 6.30 p.m. PW.4-complainant was going on his TATA Mobile vehicle to his dairy farm along with PW.5, PW.7 and CW.6. Accused Nos.1 to 3 with common intention came in a Maxi Ca