H.G. LOKESH Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 23/8/2012 in C.C.No.4104/2005 on the file of the Court of the I Additional Civil Judge and J.M.F.C., Bhadravathi and its confirmation judgment and order dtd. 13/8/2015 in Crl.A.No.179/2012 on the file of the Court of IV Additional District and Sessions Judge, Shimoga, sitting at Bhadravathi, seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offences punishable under Ss. 353 , 504, 186, 187, 189, 427, 506 of Indian Penal Code (for short ' IPC ').

(2.) The petitioner is the accused before the Trial Court and appellant before the Appellate Court.

(3.) It is the case of the prosecution is that, on 22/1/2005, at about 2.45 p.m., PW.1 Madappa, P.S.I. of Holehonnur Police Station, was working along with his staff in respect of Crime No.7/2005 pertaining to one Mr.Prakash S/o. Vadda Hanumanthappa, who was arrayed as accused in that case. It is stated that, the petitioner being an Advocate, entered into the Police Station and enquired PW.1 as to why he had arrested Mr.Prakash s/o.Vadda Hanumanthappa and took the file pertaining to Crime No.7/2005 to his hand and after seeing the same, he started abusing PW.1 in a filthy language and tore the FIR. Further, the petitioner stood up and dragged PW.1 by holding the collar of his shirt, in that scuffle, the star loop of the shirt of PW.1 was torn. Immediately, the matter was pacified at the intervention of other staff of the Police Station. Thereafter, it is further stated that, the petitioner had threatened PW.1 that, he would not spare him and also threatened that he would break his hands and legs etc. In that regard, a complaint was lodged against the petitioner herein. After conducting investigation, a charge sheet was submitted by the jurisdictional police for the offences stated supra.