NARAYANA S/O GANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) APPEAL is by the accused challenging the order of conviction and sentence passed by the Prl. Sessions Judge, Tumkur on 24.9.2004 in SC 112/2002. The Appellant is the 3rd accused in the sessions case and has been convicted for the offence under Section 397, IPC and sentenced to undergo rigorous imprisonment for seven years and also to pay a fine of Rs. 1,000/ - and in default, to undergo simple imprisonment for fifteen days.

(2.) THE allegation against the Appellant is, on 17.1.2000 around 9.00 p.m. the accused along with others went to the house of one Basavaraj situate at Parthihalli, Madhugiri Taluk armed with deadly weapons and committed robbery of gold ornaments and cash belonging to Basavaraj and his family members and also that of two other ladies and also the articles belonging to Ramachandrappa and in the process, they also threatened Basavaraj, Jagadish, Jayamma and other ladies present there. On the strength of the complaint filed, accused was arrested during investigation. Also, a test identification parade was held. Ultimately, on filing of the charge sheet, having conducted trial, the accused was convicted for the offence under Section 397, IPC. This order of conviction against the accused has been challenged.

(3.) THE allegation against the accused in SC 53/1999 is, on 31.1.1999 around 7.30 p.m., one Shivashankara Reddy filed a complaint against the accused before the Pavagada Police for the above said offences which was registered in Crime No. 40/1999. This accused along with other accused was found near a flour mill holding a small bag, moving about in suspicious circumstances and at that time, when the complainant and others inquired, it was revealed that the accused is from Indupur and another persons is a resident of Penakonda. After checking the contents of the bag, some heavy substances were found and the accused were apprehended by the villagers on that day i.e., 31.1.1999 and handed him over to the police. The police having found some explosive substances, charge sheeted this accused.