KRISHNAPPA AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal by the two accused persons in S.C. No. 532/2003 before the Fast Track Court -VIII, Bangalore City, is directed against the judgment of conviction and order of sentence dated 18.2.2005 passed in the said case convicting them for the offence punishable under Section 394 of IPC and sentencing them to undergo Rigorous Imprisonment for three years and to pay fine of Rs. 5,000/ - each for the said offence.

(2.) THE case of the prosecution in brief was, at about 6.00 a.m. on 8.8.2000, P.W. 1 -K.Nagabhushan, resident of B.K. Nagar, 1st 'D ™ Main Road, 15th Cross, Yeshwanthpur, Bangalore, went to the terrace of his two storied building and after finishing regular morning exercise and shaving, when he was about to come down to the house, the two appellants came there, put a rope around his neck and tried to strangulate him and started forcibly taking him down the staircase, however, on account of slipping on the steps, he relieved himself from the pressure of strangulation and screamed for help. On hearing his screaming sounds, his wife -Yashodamma (P.W. 2) and daughter -Priyanka (P.W. 3) came there and on seeing P.W. 2 wearing gold chain and ear -rings, Accused No. 1 snatched the gold chain as well as ear -rings and while pulling -out the ear -rings forcibly, P.W. 2 sustained injury and on hearing sounds of galata, P.W. 4 -Krishnamurthy Reddy, P.W. 5 -Prasanna and others who are neighbourers, came there. In the meanwhile, on being informed by some one, P.W. 6 -Thibbaiah, ASI on duty in Hoysala Van and P.W. 9 -B.K. Boregowda, Head Constable on duty in Cheetha Vehicle also came there. Both the accused were caught -hold and the gold chain snatched from the person of P.W. 2 was found in the pocket of Accused No. 1. Thereafter, both the accused were taken to the police station, where P.W. 1 lodged a report about the incident as per Ex.P.1 before P.W. 10 -B. Narasimhaiah, PSI of Yeshwanthpur Police Station and based on the said report, the case in Crime No. 491/2002 came to be registered and investigation was taken -up.

(3.) ON committal of the case, the appellants appeared before the learned Sessions Judge and pleaded not guilty for the charges levelled against them and claimed to be tried.