The court upheld convictions for serious offenses while emphasizing differential sentencing based on the roles of the accused, demonstrating judicial discretion and the principle of justice.

JUDGMENT :

M.G. Uma, J.

The appellant in Crl. A. No.200110/2023 being accused No.7, the appellants in Crl.A. No.200170/2023 being accused Nos.1 to 5 and appellant in Crl.A. No.200174/2023 being accused No.6 have preferred these appeals being aggrieved by the impugned judgment of conviction dated 27.02.2023 and order of sentence dated 02.03.2023 passed in S.C. No.37/2017 on the file of the II Additional Sessions Judge at Kalaburagi, [for short ‘Trial Court’] convicting accused No.1 for the offence under Sections 341 , 506, 366, 504 and 306 of INDIAN PENAL CODE [for short ‘IPC’], while convicting accused Nos.2 to 7 for the offence under Section 109 read with Section 149 of IPC and sentencing them as under:

“Accused No.1 is sentenced to undergo 20 days simple imprisonment for the offence punishable U/sec.341 of I.P.C.

Accused No.1 is further sentenced to undergo six months simple imprisonment with fine of Rs.1000/- for the offence punishable under Section 506 of IPC., if default of payment of fine, accused shall undergo simple imprisonment of one month.

Accused No.1 is further sentenced to undergo seven years rigorous imprisonment and to pay fine of Rs.5,000/-(Rupees Five Thousand only) for the offence punishable under Section 366 of IPC. In default of payment of fine, he shall undergo simple imprisonment for a period of one year.

The accused No.1 is further sentenced to undergo one month simple imprisonment with fine of Rs.1000/- for the offence punishable under Section 504 of IPC., if default of payment of fine, accused shall undergo simple imprisonment of 10 days.

The accused No.1 is further sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) for the offence punishable under Section 306 of IPC. In default of payment of fine, he shall undergo simple imprisonment for a period of one year.

The accused Nos.2 to 7 are sentenced to undergo Rigorous Imprisonment for a period of seven years and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) each for the offence punishable under Section 109 of IPC. In default of payment of fine, they shall undergo simple imprisonment for a period of one year.

All the sentences shall run concurrently.”

2. Facts of the case in brief are that, PW1 being the informant filed the first information as per Ex.P1 against accused Nos.1 to 7 alleging commission of the above mentioned offences. On the basis of the FIR investigation was undertaken and final report came to be filed against these appellants. It is the contention of the prosecution that, accused Nos.1 to 7 were the accused in Crime No.31/2015 of Madana Hipparga Police Station for the offence punishable under Section 143 , 341, 506, 366A, 109, 376 read Section 149 of IPC and under Sections 4 , 5, 17 and 18 of the POCSO Act. On 11.01.2016 at 8.00 p.m., accused No.1 with an intention to escape from being convicted in the said case, wrongfully restrained the victim Laxmi now deceased, being the daughter of the informant while she was returning back after answering nature’s call. He criminally intimidated to cause her death and that of her family members and insisted her to marry him and forcibly married her by taking before the Registrar of Marriages at Chittapur on 12.01.2016 at 8.00 p.m. He also abused her in filthy language provoking to cause breach of public peace, committed rape on the intervening night of 26/27.02.2016, as a result of which, he abetted her to commit suicide on the intervening night of 27.02.2016 in her house. It is alleged that, accused Nos.2 to 7 in furtherance of their common i