SHARIEF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment rendered by the Addl.Sessions Judge and Presiding Officer, Fast Track Court-XV, Bangalore in S.C.No.946/2009 dated 08.11.2010 convicting the appellant/accused No.1 for the offence punishable under Sections 398, 324 and 419 of IPC.

(2.) Appellant/Accused No.1 was sentenced to undergo RI for a period of seven years for the offence under Section 398 of IPC and further sentenced to undergo RI for a period of one year for the offence under Section 324 of IPC and for the offence under Section 419 IPC he was sentenced to undergo RI for a period of one year. Further, it was ordered that the sentences shall run concurrently. But, Accused Nos.2 to 4 were acquitted for the offences punishable under Sections 307, 399, 420 of IPC.

(3.) The factual matrix of the case is that on 1.2.2009, at 10.30 p.m. to 11.30 p.m. the accused persons with a common intention made preparation to commit dacoity in the house of C.W.1 situated at No.3/4, North Public Xavier road and thereafter Accused No.1 by holding a knife and Accused Nos.2 and 3 by holding a dummy pistol in their hands, caused grievous injuries to CW.1 and 7 with an intention to commit murder and induced C.W.1 and 7 to deliver valuable things saying that they are the police officials and they were in disguise by dressing themselves as police officials and attempted to commit the above said offences. However, C.W.1 and 7 caught hold of one person at the spot after they suspected and other persons ran away from that place. In pursuance of the said act of the accused, C.W.1 filed a complaint as per Ex.P1 before the police and accused No.1 was caught at the spot and he was sent to hospital for treatment.