S.MOHAMMED Vs. SHEKARA POOJARY

JUDGEMENT

(1.) The accused in CC Nos.659, 660, 1009, 1010, 1011 of 2008 on the file of the JMFC (V Court), Mangaluru, is in Revision Petition challenging the validity of the judgment of conviction, confirmed in Criminal Appeal Nos.131, 132, 133, 134 and 135 of 2012.

(2.) The brief facts, which are necessary for disposal of the Revision Petition are as under:

(3.) The accused appeared before the Trial Court and plea was recorded and as the accused did not plead guilty, trial was held. The learned Magistrate for the sake of convenience, clubbed all the cases and recorded a common evidence and disposed of the same by a common judgment dated 27.09.2014. The complainant in lieu of his examination in chief filed affidavit re-iterating the complaint averments and in all marked 30 documents which were exhibited and marked as Exs.P-1 to P-30. Accused statement as contemplated under Section 313 Cr.PC., was recorded wherein the accused denied all the incriminatory materials that were put to him. It is also pertinent to note that the accused failed to lead any oral evidence on his behalf.