K. C. MOHAMMAD ALI 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. 12/1/2010 in C.C.No.873/2001 on the file of the Court of Civil Judge (Jr.Dn) and J.M.F.C, Belthangady, D.K and its confirmation judgment and order dtd. 31/3/2015 in Crl.A.No.6/2010 on the file of the Court of Principal Sessions Judge, D.K., Mangaluru, has filed this revision petition seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioners / accused Nos.1 and 2 are convicted for the offence punishable under Sec. 379 of Indian Penal Code (for short ' IPC ').

(2.) The petitioners are accused Nos.1 and 2 before the Trial Court and appellant before the Appellate Court.

(3.) It is the case of the prosecution that, Maruthi car bearing No.KA.19-M-2452 said to have belonged to Assistant Conservative of Forest, who is examined as PW.1. It is his case that, on 26/1/1998 at about 4.00 a.m., he had parked and locked his car in the garage at Laila Village, Ujire. However, on 27/1/1998 at about 7.00 a.m., he found that his car was missing. A complaint came to be lodged before the jurisdictional police. The police have registered a case in Crime No.1/1998 on 27/1/1998 for the offence punishable under Sec. 397 of the Indian Penal code (for short ' IPC '). The police have conducted the investigation and submitted the charge sheet.