STATE OF KARNATAKA Vs. SHIVAKUMAR

JUDGEMENT

(1.) RESPONDENTS 1 to 3 (hereinafter referred to as accused 1 to 3) and accused No.4 (since dead) were tried for the offences punishable under Sections 327 and 506 read with Section 34 IPC. It appears, accused No.4 died during the trial and the case has abated against him. The trial court has acquitted accused 1 to 3. Therefore, State has filed this appeal.

(2.) I have heard learned Government Advocate for State.

(3.) IN brief, the case of the prosecution is as follows: During the year 2004, PW1 Rajeshkumar was running an auto finance in Mysore City. PW4 Thirumalai had hired an auto rickshaw bearing No.KA 12 3147. PW2 has agreed to pay hire of Rs.40,000/ - in monthly instalments of Rs.2,000/ -. PW2 had paid hire charges of Rs.19,800/ - as on 21.2.2004. Thereafter, he committed default in payment of hire charges. Therefore, PW1 (financier) seized auto rickshaw bearing No.KA 12 3147 and parked the same in the M.D.Y auto parking. PW2 Mohammed Iliyas and PW3 South Shariff were working as watchmen of the said auto parking place.