NAGARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By the impugned judgment, the High court has allowed the appeal filed by the State and found the appellant (Accused No.4) guilty of the offence under Section 397 of the Indian Penal code (for short "IPC") and he was ordered to undergo R.I. for a period of 7 years and to pay a fine of Rs.1000/- with default clause. Though the State has challenged the acquittal of the sixth accused, his acquittal was Signature Not Verified confirmed by the High court.

(2.) A complaint was submitted by PW 1 on 16.9.1996 at about 10.15 p.m. to PW 12, the Head constable. It was her complaint inter alia as follows:

(3.) It is on this complaint that finally after investigation was carried out charge sheet was filed. It would appear that accused No.1 to 3 though were on bail, they did not appear for the trial. Rest of the accused except the appellant and accused No.6 were absconding. The case was split up and trial proceeded against appellant and A6 for the charge under Section 397 IPC. During the trial, PWs 1 to PW 15 were examined. Documents were marked as Exhibits P1 to P15 and MOs 1 to 17 were produced. The High court found as follows: