MOHAMMAD ASLAM PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenge in this revision petition is to the judgments of the Courts below holding the petitioners guilty of the offences under Section 506 read with Section 34 Indian Penal Code, 1860 and the consequential sentence passed. The alleged incident took placed on 3-3-2008. P.W. 1 filed complaint on 18-3-2008. Ex. P.1 is the complaint. Case was registered in Crime No. 31 of 2008 for the offences under Sections 504 and 506 read with Section 34 of IPC and FIR-Ex. P.3 was sent to the Court. After investigation, charge-sheet was filed against the accused. Accused having appeared in response to the summons, pleaded not guilty and claimed trial. Prosecution, in order to establish its case, examined complainant as P.W. 1, two neighbours-P.Ws. 2 and 3 and the I.Os.-P.Ws. 4 and 5. Ex. P.2 is the spot mahazar. Exs. P.4 and P.5 are the reports submitted by the police constable. Learned Trial Judge, considering the record of the case with reference to the rival contentions, acquitted the accused of the offence under Section 504 read with Section 34 of IPC. However, accused were convicted for the offence under Section 506 read with Section 34 of IPC. Accused were sentenced to undergo simple imprisonment for one year and pay fine of Rs. 500/- each and in default, to undergo S.I. for two months.

(2.) Criminal appeal filed before the Sessions Court was assigned to Fast Track Court. Learned Fast Track Judge has dismissed the appeal. Feeling aggrieved, accused have filed this criminal revision petition.

(3.) Heard Sri Y.S. Shiva Prasad, learned Advocate for the petitioners and Sri Vijayakumar Majage, learned High Court Government Pleader for the respondent and perused the record.