S.N. RAO @ S. NAGARAJA RAO, S/O. SETHU RAO Vs. STATE PUBLIC PROSECUTOR, FOR YELANDUR POLICE, OFFICE AT HIGH COURT BUILDING, BANGALORE

JUDGEMENT

(1.) THE Petitioners who were A -2, A -3 and A -5 in the trial court are; aggrieved by their conviction Under Section 420 of the IPC and consequent sentence imposed by the trial court and the lower appellate court, confirming the trial court judgment. Hence, the present revision petition by the said accused. It has to be mentioned at this stage itself that, out of the five accused who were put on trial. A -1 and A -4 died during the pendency of the criminal case.

(2.) THE case of the prosecution in short is that, the five accused persons who were put on trial gave applications before the Tahsildar, Yelandur for grant, of land situated in Sy.No. 8 of K. Devarahalli village and in the said applications the accused had mentioned that, they are landless agricultural labourers and therefore they be granted the land. The applications were processed and land was allotted to them to an extent of 4 acres to each of the accused and thereafter the accused converted the said land into a stone quarry and excavated precious black granite without any valid permission from the concerned authorities and in violation of the express conditions of the Darkhasth grant. Therefore, the accused were charged with the commission of the offence punishable under Section 120 -B, 420 r/w 34 of IPC.

(3.) AT the trial, the prosecution examined 13 witnesses and perused 50 documents and on behalf of accused, Ex.Dl was marked after recording the statement of the accused Under Section 313 and the accused took no pains to place defence evidence. The learned trial judge, after evidence appreciation, convicted the Petitioners herein and sentenced them to one, year S.I and to pay Rs. 1,000/ - fine and in default. to undergo S.I for one month for the offence Under Section 420 of the IPC.