RAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.A.No.2873/2011 has been filed by accused No.1, Crl.A.No.2874/2011 has been filed by accused No.2.and Crl.A.No.2864/2011 has been filed by accused No.3 and accused No. 4 challenging the judgment of conviction and order of sentence dated 22.10.2011 passed by the learned Sessions Judge (Fast Track), Haveri in SC No.47/2010 where under the appellants/accused Nos.1 to 4 have been convicted for the offences punishable under Sections 457, 392 R/W Section 397 and Section 34 of IPC.

(2.) Accused Nos.1 to 4 are sentenced to under go rigorous imprisonment for a period of 5 years and to pay fine of Rs.1,000/- each and in default of payment of fine to undergo further rigorous imprisonment for 3 months for the offence punishable under Section 457 r/w 34 IPC . Accused Nos.1 to 4 shall also undergo further rigorous imprisonment for a period of 7 years and to pay fine of Rs.2,000/- each and in default to pay fine to undergo further rigorous imprisonment for 6 months for the offence punishable under Section 392 r/w Section 397 and 34 of the IPC. The trial Court has ordered the sentences to run concurrently.

(3.) The factual matrixes of the case are that on 25.05.2009 at about 3.00 am. at Madapur village in Savanur Taluk, appellant Nos.1 to 4 with common intention have trespassed into the house of complainant Kariyappa Parasappa Harijan in order to commit robbery by opening the latch of back door and further committed theft of cash of Rs.44,000/- and also gold and silver articles kept in a trunk in the house of the complainant and further while committing theft voluntarily caused hurt to the complainant Kariyappa by using iron rod and also by fisting on his chest thereby committing the offence of robbery. Subsequently, the complainant Kariyappa had lodged the complaint before the Savanur Police on the same day at 2.30 p.m. Accused persons were arrested by the Police Sub-Inspector, Savanur on the night at 03.09.2009 at Lingadevarakoppa village in Hirekerur taluka in Crime No.135/2009 of the said Police station which was connected to some other robbery alleged to have been committed by these accused. It is further case of the prosecution that on interrogation by the Investigating Officer, accused gave voluntary statement by confessing the act of committing robbery in this case and also four other cases. Thereafter, the accused led Investigating Officer and panchas to the Makari village in Hirekerur taluk near community hall which was under construction in the outskirts of the said village and then brought a cloth bundle which was hidden in the said building and when the said bundle was opened, which contains 26 gold and silver articles connecting to this case and also other crimes. Then the said articles were seized in presence of panchas under panchanama. It is further case of the prosecution that accused also shown the houses where they have committed robberies. Then the identification parade was also conducted by taking the assistance of Tahasildar, Savanur during that time the complainant identified the accused persons and also collected finger prints of the accused and compared with the finger prints taken at the scene of occurrence. Thereafter, charge sheet has been filed against the accused for the offence punishable under Section 397 of IPC.