KHATALAHAMMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants are arrayed as accused Nos.2, 4 and 5 in SC.No.364/2011 for the offence punishable under Section 399 of IPC.

(2.) The learned III Additional Sessions Judge, Belgaum has convicted the accused-appellants for the offence punishable under Section 399 of IPC and sentenced them to undergo rigorous imprisonment for a period of two years and each one should pay a fine of Rs.5,000/-(Five thousand only). In default of payment of fine amount, each one of the accused persons shall undergo rigorous imprisonment for a further period of three months.

(3.) The brief factual matrix of the case that amid from the records are that on 27.04.2010 PW.1-Mallangouda Malagouda Navalgatti, PSI of Belgaum Rural Police Station received a credible information at about 7 p.m. regarding four to five persons by putting stones across the road trying to stop the vehicles passing on Belgaum-Jamboti road near Kinaye Village nearby Forest in order to commit a dacoity. On receipt of such credible information PW.1- Mallanagouda Malagouda Navalgatti along with PW.2-Maruti Bhimappa Gujanal, ASI and CW.5- M.Y.Karimani, Head Constable, CW.6- S.R.Dodanaikar as well as CW.7-N.J.Madar, Police Constables of Belgaum Rural Police Station and PW.3-Shankar Krishna Koli and PW.5-Mahammedayub Khudabax Patte being the Panchas, proceeded to Belgaum-Jamboti road near Kinaye Forest through Peeranwadi Village and stopped their vehicle at a curve and observed the fact that these accused Nos.2, 4 and 5 along with absconded accused No.1-Rafiz Istakahamed Shaikh and accused No.3-Indrajit Gujjar who are on the said road at about 8 p.m. and placed stones across the road. Then these witnesses saw the vehicles passing on the said road and these accused holding clubs, iron rod in their hands, tried to stop the vehicles and the drivers of such vehicles, without stopping their vehicles passed through the said road. In the meanwhile, these PW.1-Mallanagouda Malagouda Navalgatti and PW.2-Maruti Bhimappa Gujanal and CWs.5 to 7 in the presence of Panchas apprehended these accused persons along with absconded accused Nos. 1 and 3. Then, the said accused did not give any proper and satisfactory explanation. They found one chil li powder packet each on search of shirt pocket of accused Nos.1 and 2 and accused No.3 found holding a college bag containing five black cloth pieces. They also found having three jungle clubs and two rods at the said place and also two stones placed across the road.