NARASIMHARAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the order of conviction dated 17.03.2017, and sentence dated 18.03.2017 passed by the V Additional District and Sessions Judge, Tiptur in S.C.236/2012 convicting the appellants/accused for the offence punishable under Section 395 of IPC, whereby the accused nos.1 to 6 have been convicted and sentenced to undergo R.I. for a period of 8 years and to pay fine of Rs.25,000/- each for the aforesaid offence, Crl.A No.535/2017 is preferred by accused no.4, while Crl.A No.568/2017 is preferred by accused nos.1, 2, 3, 5 and 6.

(2.) Complaint came to be filed by one K.H.Srinivasa Murthy (PW.4) stating that he was residing in his Farm House built in the property bearing Sy.No.25 of Dodda Margonahalli. That on 08.05.2012, at about 6.45 p.m., he found his dog barking and when he went out of the house to enquire, he noticed a person hiding. Immediately thereafter, two other persons caught hold of him and under threat of injury by knife, other persons entered his house and took away the gold chain and ear studs of PW.4's wife. They further took away a sum of Rs.4,500/- cash that was with the complainant and his SBM ATM Card. They also took away the key of the complainant's car and after tying up PW.4 and his wife, later fled away. On such complaint, Ex.P4, complaint was lodged. Thereupon, FIR as per Ex.P5 came to be registered by the Turuvekere Police Station in Crime No.110/2012 on 09.05.2012 for an offence under Section 395 IPC against six unknown persons.

(3.) During the course of investigation, accused nos.1 to 6 were arrested and remanded to judicial custody and the case committed as per the committal order dated 16.08.2012 in C.C.No.299/2012. As the accused pleaded not guilty for the charges that were framed, the case went for trial and the prosecution examined in all 14 witnesses as PW's.1 to 14 and got marked 79 documents as per Ex.P1 to P.79 and 20 material objects as per M.O's.1 to 20 and closed their side. The accused have denied all the incriminating evidence pointed against them but have not led any independent evidence.