LOKESHA S/O BANDHU GOWDA, MANJA @ DAASA S/O SHIVE GOWDA, MARUTHI @ GANDHI S/O RAMANAGOWDA AND MANJUNATHA S/O SRINIVAS GOWDA Vs. THE STATE OF KARNATAKA REP. BY UPPARPET P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THIS appeal is by accused Nos. 2, 3, 5 and 6 being aggrieved by the order of conviction and sentence passed by the Fast Track Court -V, Bangalore in SC No. 2/2006 convicting the accused for an offence punishable under Section 395 read with 397 IPC and sentencing them to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/ - each, in default of payment of fine, to further undergo rigorous imprisonment for six months. In all, about 9 accused were chargesheeted by the Upparpet Police Station for the offence punishable under Section 395 read with 397 of IPC showing accused Nos. 8 and 9 as absconding.

(2.) ACCORDING to the prosecution, on 30.08.2005 at about 10.30 p.m. on Kempegowda road within the limits of Upparpet police station near Santhosh theatre over bridge, when CWs.1 and 2 were walking on the road near Santhosh theatre, accused Nos. 1 to 7 along with absconding accused Nos. 8 and 9, with common intention to commit dacoity, by wrongfully restraining CWs.1 and 2, threatened them with knife point and grabbed mobile phone belonging to CW1 and also stabbed him with knife in order to extract money and caused grievous injuries, thereby, they have committed the aforestated offences.

(3.) ON the basis of chargesheet filed, after having framed charges for the above said offences, accused pleaded not guilty. The prosecution examined in all 14 witnesses and get marked about 20 exhibits and MOs.1 to 8. Thereafter, accused was examined under Section 313 of Code of Criminal Procedure Since the defence is one of total denial, after having heard the arguments, accused Nos. 1 to 7 were convicted for the above said offences. Being aggrieved by the order of conviction and sentence, these accused Nos. 2, 3, 5 and 6 are before the Court in this appeal.