THIPPESWAMY Vs. STATE

JUDGEMENT

(1.) The present petitioner was accused in C.C.No.898/2010, in the Court of the Judicial Magistrate First Class at Challakere, (hereinafter for brevity referred to as "the Trial Court"), who, by the judgment of conviction and order on sentence dtd. 9/1/2012 of the Trial Court, was convicted for the offences punishable under Ss. 457 and 380 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "the IPC ") and was sentenced accordingly. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.31/2012, in the Court of the Principal District and Sessions Judge at Chitradurga, (hereinafter for brevity referred to as the "the Sessions Judge's Court"), which, after hearing both side, dismissed the appeal, confirming the impugned judgment of conviction and order on sentence passed by the Trial Court in C.C.No.898/2010. It is challenging the judgments passed by both the Trial Court as well the Sessions Judge's Court, the accused/revision petitioner has preferred the present revision petition.

(2.) The summary of the case of the prosecution in the Trial Court was that, on the date 3/6/2010, during night, the accused by removing the tiles of the roof of the house of CW-1 - Nagaraj, situated at I Cross, near Veerabhadra Lodge on Bellary Road, Challakere, entered into the said house and committed theft of silver articles and cash kept in the Almirah and that on the date 13/6/2010 at 11:00 a.m., CW-7 to CW-11, conducted a raid and apprehended the accused. The Investigating Officer recovered several of the stolen articles from the accused, including the one which were stolen in the instant case, as such, charge sheet was filed against the accused for the offences punishable under Ss. 457 , 380 and 75 of the IPC.

(3.) The accused appeared in the Trial Court and contested the matter through his counsel. The accused pleaded not guilty. As such, in order to prove the alleged guilt against the accused, the prosecution got examined in all seven (7) witnesses from PW-1 to PW-7, got marked documents from Exs.P-1 to P-6 and produced Material Objects from MO-1 to MO-3. However, neither any witness was examined nor any documents were got marked on behalf of the accused.