MANJUNATHA @ MANJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been filed challenging the judgment dated 06.01.2006 passed by the Principal District and Sessions Judge, Bangalore Rural District, Bangalore in S.C.No.1/2006, convicting the appellant for the offence under Section 394 IPC and sentencing him to undergo R.I. for two years and to pay fine of Rs.1,000/-, in default to undergo S.I. for one month.

(2.) It is case of the prosecution that, the appellant along with two other accused persons on 22.7.1997 at about 9.20 p.m., near Kannamangala Gate on Hosakote-Kadugodi Road, came across the complainant on a motorcycle bearing No. MYN 2569 while the complainant was returning after performing Pooja in Ganesha Temple, obstructed him and committed robbery of Alwyn Wrist Watch and Cash of Rs.20/- from the complainant and as such caused hurt to him voluntarily by assaulting with a Katti on his head and hands. Thereby it is alleged that the appellant had committed an offence under Section 394 of IPC.

(3.) The prosecution in order to prove the case against the appellant, has examined in all 10 witnesses and got marked Exs.P1 to P8 and produced MOs.1 to 3. The defence of the accused is one of total denial. However, by the impugned judgment, learned Sessions Judge was pleased to convict the appellant and sentenced him as aforesaid. It is against this order of conviction and sentence, the appellant has filed this appeal.