HASANBA ALIAS HASSINAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Criminal Revision Petition by the accused filed under Section 397 read with S. 401, Cr. P. C. is directed against the judgment dated 23-1-2002 passed in Crl. A. No. 95 /2000 on the file of the II Addl. Sessions Judge, Dakshina Kannada, Mangalore, wherein the learned Sessions Judge had dismissed the appeal preferred by the accused under Section 374, Cr. P. C. , challenging the legality and validity of the judgment dated 24-3-2000 passed in C. C. No. 6033/1999 on the file of the J. M. F. C. III Court, Mangalore, wherein the learned Magistrate had recorded a finding of conviction of the accused-revision petitioner for the offences under Sections 448 and 354 of I. P. C. and awarded the sentence as detailed in the judgment, challenging the legality and propriety of the judgments impugned.

(2.) THE Court has heard the arguments of both sides on merits.

(3.) SRI Appa Rao, learned counsel for the revision petitioner, strenuously contended that the material on record clearly shows that the judgment of the appellate court is illegal and invalid as the learned Sessions Judge had not at all reappreciated the evidence on record and has merely narrated the evidence on record placed by the prosecution and had recorded his conclusions. Hence, the learned counsel prayed for remanding the case to the learned Sessions Judge for rehearing the same.