AMRAMMA @ BASAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal is preferred calling in question the judgment of conviction and order on sentence dated 06.07.2012 passed in S.C.No.87/2009 by Prl. Sessions Judge, Raichur.

(2.) The brief facts of the case are as under:

(3.) Based on the FIS, PW.8 had conducted investigation and upon finding the material that to send the accused/appellant for trial, therefore, filed charge sheet against the accused for the offence punishable under Section 489-B of IPC. Upon receipt of the charge sheet the case was committed to the Sessions Court. Then Sessions Court had taken up the case for trial. The Sessions Court had framed the charge sheet under Section 489-B of IPC and upon asking the charge to the accused, the accused pleaded not guilty and claims to be tried and accordingly by recording plea of the accused, Sessions Court had started to proceed with trial. During the course of trial, the prosecution has examined totally 9 witnesses as PWs.1 to 9 and got marked Exs.P1 to P10 and got marked material objects as MOs.1 to 4. After completion of evidence of prosecution side, the accused was examined under Section 313 of Cr.P.C. and put all incriminating evidence to the accused but she simply stated that she does not know to the questions put to her and thus, indirectly denied the case of the prosecution. During the course of examination u/s 313 Cr.P.C. the accused submitted written statement and she has stated that the accused is resident of Kopperchedu village in Alur taluk, Kurnool district, Andra Pradesh State and she is having husband and in her village there are two warring groups and her husband is leader of one group and there is rival group to her husband in her native residence and the police at the behest of rival group implicated her into false case but in reality have not seized any currency notes from her possession and police have falsely implicated her in the above case by planting the currency notes in question. Therefore, it is her written statement to the effect above stated thereby pleading she is innocent of the offence committed.