JAMEEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner was accused No.1 in Criminal Case No.2119/2005, in the Court of the learned Additional Civil Judge (Sr.Dvn.) and Chief Judicial Magistrate, Tumakuru, (hereinafter for brevity referred to as "the Trial Court"), who, by the judgment of conviction dtd. 10/9/2007 and order on sentence dtd. 24/9/2007 of the Trial Court, was convicted for the offence punishable under Sec. 392 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "the IPC ") and was sentenced accordingly.

(2.) The summary of the case of the prosecution in the Trial Court was that, on the date 11/5/2005, at about 3:45 p.m., at 8th Cross, 4th Main, S.S. Puram Layout, within the limits of the complainant Police Station, while CW-1 - Smt. Usha was walking on the road, the present petitioner (accused No.1) joined by split up accused - Sri. Saleem, coming on their Scooter bearing registration No.KA-06/J-4397, snatched the golden Maangalya chain, valued at about Rs.10,000.00 worn by Smt. Usha and thus has committed an offence punishable under Sec. 392 of the IPC.

(3.) The accused persons appeared in the Trial Court and contested the matter through their counsel. The accused pleaded not guilty. As such, in order to prove the alleged guilt against the accused, the prosecution got examined in all eight (8) witnesses from PW-1 to PW-8, got marked documents from Exs.P-1 to P-7 and produced MO-1 to MO-3. However, neither any witness was examined nor any documents were got marked on behalf of the accused.