KORACHARA NINGAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the appellants and the learned State Public Prosecutor. The appellants were the accused before the court below in the following circumstances:

(2.) WHETHER the prosecution establishes beyond doubt that the accused, in their attempt to sell brass biscuits, insisted the complainant to purchase all the biscuits and the complainant said that he would purchase only one biscuit for sample after which all the accused robbed the complainant of his the neck chain, watch and mobile and Rs. 30,000/ - from witness Bettegowda; and proves the charges under Section 395 r/w 34 IPC -

(3.) ON the other hand, the learned State Public Prosecutor would submit that accused No. 1 was arrested on the very next day and he was subjected to medical examination and according to the wound certificate dated 1.6.2003, the wound found on his left ankle may have been caused by a bullet, according to the Medical Practitioner. The learned State Public Prosecutor would, at the outset, contend that the allegations against the several accused are commission of dacoity in broad day light and therefore, the material on record, which has been closely scrutinized by the court below in arriving at its findings, would completely justify the findings of the court below. More particularly, the learned State Public Prosecutor would submit that the complainant was apparently seeking to expose several accused, who were engaged in defrauding the members of the general public by seeking to sell gold biscuits, when in fact, were brass biscuits, sought to be purveyed as gold biscuits and since the complainant had not readily fallen into their trap of purchasing the said biscuits, since he evinced interest in purchasing only one, they had immediately attacked him and P.W. 2. It is in that background that the complainant having lodged a complaint, the jurisdictional Police had immediately swung into action and had arrested the accused No. 1 and thereafter, on the basis of his voluntary statement, the other accused had also been arrested.