AZIZ ALIAS ABDUL AZIZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the accused challenging the judgment dated 17.01.2004 passed by the First Additional Sessions Judge, D.K., Mangalore in S.C. No. 76/1999 convicting the Appellants for the offence punishable under Section 397 of Indian Penal Code and sentencing them to undergo R.I. for a period of 7 years for the said offence.

(2.) The case of the prosecution is that on 18.07.1998 at about 13.30 hours in an isolated suburb place in Krishna Nagar to Kulaigudde, accused Nos. l and 2 committed robbery of gold jewels and cash of Rs. 12,800/- belonging to Ravindra Acharya and at the time of said dacoity, accused used the weapons namely a piece of stone pillar in order to cause grievous hurt to him and also attempted to cause his death thereby, they are alleged to have committed offence under Section 397 R/w. 34 Indian Penal Code.

(3.) In order to prove the case, prosecution has examined in all 17 witnesses and got marked Exs. P.l to P. 13 and produced MOs. l - 10.