HARINASHIKARI PANJU Vs. STATE OF KARNATAKA ,

JUDGEMENT

(1.) THE present appeal is preferred by appellant Nos.1 to 5 who are arrayed as accused Nos.1 to 5 in Sessions case No.07/2007 on the file of the Fast Track Court -I, Koppal in recording the judgment of conviction under Section 395 of Indian Penal Code, 1860 and sentencing accused Nos.1 to 5 to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.500/ - each and in default to undergo simple imprisonment for three months.

(2.) THOUGH appellant No.1 has also made as a party in this particular case, it is seen from the records that earlier, appellant No.1 (accused No.1) preferred an appeal through Central Prison, Bellary in Criminal Appeal No.2504/2009 and this Court vide its judgment dated 11.03.2013, disposed of the said appeal by acquitting the accused for the above said offence by setting aside the judgment and conviction and sentenced passed by the trial Court. This appeal remains for consideration only against appellant Nos.2 to 5.

(3.) LEARNED Counsel for the appellant strenuously contended before this Court that allegations made against accused No.1 who was acquitted by this Court is similar to that of the allegations made against the other appellants herein are concerned, there is absolutely no difference of evidence relied upon by the trial Court in order to convict all the accused persons. Further added to that, he also contends that the trial Court has not separated the accused persons pertaining to their individual overt acts but considering the inseparable overt acts of all the accused Nos.1 to 5 the trial Court has convicted all the accused persons. Therefore, the case between accused No.1 of one side and accused Nos.2 to 5 cannot be dealt with in a different manner. Therefore, he contended that the same benefit which was given to accused No.1 by this Court in Crime No.2504/2009 has to be extended to these appellants also.