NAGARAJA Vs. STATE

JUDGEMENT

(1.) This Revision Petition is filed by Accused No.2 under Sec. 397 read with 401 of Cr.P.C. challenging the judgment of conviction and order of sentence dtd. 20/6/2013 passed by the Civil Judge and Additional JMFC, Bhadravathi in CC No.327/2011 and confirmed by IV Additional District and Sessions Judge, Shivamogga sitting at Bhadravathi, in Criminal Appeal No.146/2013 vide judgment dtd. 24/7/2015.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are that, on the intervening night of 14/10/2010 and 15/10/2010, a theft was committed in the house of the complainant situated near Chandralaya, Hutha Colony, Bhadravathi Town, by breaking open the lock of the door and the golden ornaments and a DVD were stolen from the house of the complainant. A crime was registered on the basis of the FIR against un-known persons. Subsequently, Accused No.1 was apprehended in a different crime and on interrogation, he narrated the commission of theft in this case and as such, he was interrogated and at his instance, the stolen material object i.e., a gold chain was recovered from the shop of CW.4 under a seizure mahazar. During the course of investigation, the present petitioner/Accused No.2 was apprehended and his confessional statement was recorded and he was remanded to judicial custody and subsequently, he was enlarged on bail. The Investigating Officer recorded the statement of witnesses and found that there is sufficient material evidence as against Accused Nos.1 & 2 and hence, he submitted the charge sheet against Accused Nos.1 & 2 for the offence punishable under Ss. 457 and 380 r/w. 34 of IPC .