K E LOKESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is by A-1 and A-2, who have been convicted by the trial court in respect of Sections 380 and 454 of the I.P.C. The sentence passed was three years rigorous imprisonment and Rs. 5.000/- fine with six months default sentence for both the offences. The lower appellate court concurred with the trial court. The prosecution case in short is that, on 25.10.2004, complainant Suresha and his wife Girijamma left their house at 7.00 a.m. for coolie work and when they came home at 4.00 p.m., they found the back door of the house opened and the tiles of the house had been removed and on checking, they found the zip of the suitcase, which was kept under the cot, was opened and they noticed one pair of hangings and one pair of jumky and one silver coin were stolen. One Raju (P.W.2) informed the couple that lie saw the accused roaming near their house. Thereafter, mahazar was conducted and the accused were apprehended and charge was submitted.

(2.) At the trial, the prosecution examined 10 witnesses and 7 documents were marked with 4 M.Os. The trial court accepted the evidence of the prosecution witnesses and convicted the petitioners as mentioned earlier and so did the lower appellate court by dismissing the petitioners' appeal.

(3.) Learned counsel Shri Dinesh K. Rao for the petitioners-accused submitted that the evidence on record, even if accepted, will only go to indicate the hand of A-1 but not A-2. Except the evidence of P.W.2 Raju that he saw A-1 and A-2 roaming near the house of PW. 1. there is no other evidence to connect A-2. Even recovery was not effected at the instance of A-2. Therefore. A-2 ought to have been acquitted. As far as A-1 is concerned, the submission made is that, if this court were to agree with the courts below, then, the benefit of Probation of Offenders Act be extended to him.