MANCHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On the basis of the charge-sheet filed by the respondent - Police against the present revision petitioner for the alleged offence punishable under Section 420 of IPC, a criminal case in C.C. No.693 of 2002 came to be registered in the Court of III Additional Senior Civil Judge and Chief Judicial Magistrate, Mysore (hereinafter referred to as 'the Trial Court'). The Trial Court by its Judgment dated 22.06.2010 convicted the accused for the offence punishable under Section 420 of IPC and passed the Order on sentence.

(2.) It is alleged by the prosecution that the present revision petitioner who is the accused in the case, on 08.03.1995, with an intention to cheat CW-1/PW-2 Jayaram, offered to sell his site No.492 measuring 12 ft. x 19 ft. for a sum of Rs.75,000/- and in that regard, after receiving the said amount, executed a general power of attorney in favour of the said purchaser Jayaram. Later, said purchaser Jayaram came to know that the vendor / accused Manchaiah had already executed a similar general power of attorney on 24.06.1992 in favour of one Sri Chandrakanth (CW-6) and had received a consideration of Rs.72,000/- as a sale consideration for the very same property. Thus the accused has cheated the complainant and committed the offence punishable under S.420 of IPC .

(3.) Accused pleaded not guilty and claimed to be tried. As such, in order to prove the guilt against the accused, eleven witnesses from PW-1 to PW-11 were examined and documents from Exs.P1 to P20 were marked from the prosecution's side. Neither any witness was examined nor any documents were marked as exhibits from the side of the accused. After hearing arguments from both sides, the Trial Court, by its Judgment of conviction and Order on sentence dated 22.06.2010, convicted the accused for the offence punishable under Section 420 of IPC and sentenced him accordingly.