ASIF Vs. STATE

JUDGEMENT

(1.) The present appellant is accused No. 1 in S.C. No. 20/2012 disposed of by the learned III Addl. District and Sessions Judge, Mandya sitting at Srirangapatna (for brevity, hereinafter referred to as the 'Trial Court') by Judgment of conviction dated 21.02.2014 and Order on sentence dated 22.02.2014, whereunder, the present appellant as accused No. 1 and another accused Hyderali who was accused No. 5 were convicted for the offence punishable under S. 395 of IPC and were sentenced accordingly. However, the other three accused i.e. accused Nos. 2, 3 and 4 were acquitted from the alleged offence.

(2.) The summary of the case of the prosecution is that on 29.08.2010 at about 8.30 p.m., within the limits of respondent - KRS Police Station Brundavan Garden Park, accused Nos. 1 to 5 with an intention to commit dacoity went to CW-1 Mehabub Peer, driver of Tata Sumo vehicle bearing Registration No. AP-03/TV-0299 and took away the said vehicle along with CW-1 and snatched his Nokia make cell phone and one Zen cell phone and by pushing CW-1 from the vehicle on the way, took away Tata Sumo vehicle also and thereby have committed offence punishable under S. 395 of IPC. Since the accused did not plead guilty, in order to prove the alleged guilt against the accused, the prosecution examined fourteen witnesses as PW-1 to PW-14, got some documents marked at Exs. P1 to P17(a). Material Objects as per MO-1 to MO-5 were marked. After hearing both side, the Trial Court passed the impugned Judgment of conviction on 21.02.2014 and order on sentence on 22.02.2014 convicting the present appellant and accused No. 5 for the offence punishable under S. 395 IPC. It is challenging the said Judgment of conviction, accused No. 1 has preferred this appeal.

(3.) The respondent - State is being represented by learned High Court Government Pleader.