AYUB KHAN, ADIL AHAMED ALIAS ADIL, JABIULLA ALIAS JABI AND HANEEF ALIAS MOHAMMED HANEEF Vs. STATE BY LASHKAR POLICE

JUDGEMENT

(1.) THE petitioners arrayed as accused Nos. 1, 4 to 6 in C.C. No. 146/2005 were tried for an offence punishable under section 379 r/w 34 IPC. The learned trial Judge convicted petitioners and other accused for an offence punishable under section 379 r/w 34 IPC. Therefore, petitioners were before the I -appellate court in Criminal Appeal No. 98/2006. The learned Judge of I -appellate court on re -appreciation of evidence has confirmed the findings of learned trial Judge. Therefore, petitioners are before this court. This court while exercising revisional jurisdiction under section 401 Cr.P.C., does not sit as a court of second appeal. This court can interfere with the impugned judgment if the courts below have committed glaring errors in appreciation of evidence or errors of law resulting manifest injustice to petitioner.

(2.) I have heard Sri C.M. Jagadeesh, learned counsel for petitioners and Sri B. Visweswaraiah, learned HCGP for State.

(3.) THE learned counsel for petitioners has made following submissions: -