DEEPAK PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Criminal Revision Petition is by A-1 in the trial Court and he calls in question his conviction by the trial Court in respect of the offence punishable under Section 406 of the I.P.C. and being sentenced to undergo one year simple imprisonment and to pay a fine of Rs.5,000/- and in default to undergo three months rigorous imprisonment and the said judgment of the trial Court being modified by the lower appellate Court into conviction under Section 409 instead of 406 of the I.P.C. A-2, however, was acquitted by the trial Court and the same was confirmed by the lower appellate Court.

(2.) THE case of the prosecution, in short, is that, one Dr. Anandi Bai Prasad established a trust in the name of Prasad Memorial Medical Centre on 28.11.1978 and she, along with her adopted children viz., Dr. Deepak Prasad (the petitioner herein) and Dr.Chitralekha, her husband Dr. Mahesh Kumar, retired District Judge Gopalaiah and one Rangaraju were the trustees. After the death of Anandi Bai. the petitioner herein i.e., A-1. became the President of the trust and Dr.Chitralekha became the Secretary in 1993.

(3.) THE learned trial Judge, after evidence appreciation, found that the petitioner herein had committed the offence punishable under Section 406 of the I.P.C. and accordingly he was convicted and sentenced as aforesaid. A-2 was, however, acquitted by the trial Court.