VENKATESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants (hereinafter referred as 'accused 1 to 4') were tried, convicted and sentenced for offences punishable under sections 395 r/w 397 & 398 IPC. Therefore, they are before this court.

(2.) I have heard Sri H.Pavana Chandra Shetty, learned counsel for accused and Sri B.Visweswaraiah, learned HCGP for State.

(3.) ACCUSED 1 to 4 were tried for following charges: - "That on 12.10.2004 at about 10.15 p.m., at Mallikarjuna Swamy Temple, Mudukuthore hill, Talkad, within the jurisdiction of Talkad Police Station, you A -1 to A -4 along with two others committed dacoity of a golden chain from CW2, Rs.1,030/ - from CW3, Rs.450/ - from CW1, total amount of Rs.1,480/ - and while committing the said dacoity, you A -1 assaulted with iron long on the right side hand and left side thumb of the CW2, and caused grievous hurt to CW2 and threatened them by tying them with bedsheet and panche, thereby committed an offence punishable u/s.395 r/w 397 IPC and within the cognizance of this Court. Lastly, on the above said date, time and place, you A -1 to A -4 along with two others, attempted to commit dacoity by entering into the temple of Mallikarjunaswamy by taking key forcibly from CW9 and 11, and assaulted CW9 with long resulting injury on his right hand and assaulted CW11 with long resulting injury on her head and hands, and you were armed with deadly weapons at that time, thereby you have committed an offence punishable u/s. 395 r/w 398 of IPC and within the cognizance of this Court."