LAWS(KAR)-2014-3-309

RAMESH AND ORS. Vs. STATE

Decided On March 01, 2014
Ramesh And Ors. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellants are accused Nos.1 and 2 in S.C. No.9/2013 on the file of Sessions Judge, Koppal, have preferred this appeal against the judgment of conviction and sentence passed by Sessions convicting and sentencing the appellants to undergo simple imprisonment for a period of 10 years and to pay fine of Rs.5,000/- for the offence punishable under Section 392 of the Indian Penal Code, 1860 (hereinafter referred to as I.P.C. for brevity)

(2.) Heard arguments of learned counsel for the appellants and learned State Public Prosecutor for respondent.

(3.) Learned counsel for the appellants strenuously contends that except the Investigation Officer, all the prosecution witnesses examined by prosecution have turned hostile. The learned Sessions Judge by solely relying upon the evidence of Investigation Officer with regard to recovery of some articles at the instance of accused Nos.1 and 2 has convicted the accused, which is illegal and is not tenable under law.