LAWS(KAR)-2005-12-10

T K SRIRAAPPA Vs. STATE OF KARNATAKA

Decided On December 15, 2005
T.K.SRIRAMAPPA Appellant
V/S
STATE OF KARNATAKA. Respondents

JUDGEMENT

(1.) THIS revision is by the accused being aggrieved of the judgment passed in Cri. A. No. 6/2000 dated 19-3-2003 by the learned II Additional Sessions judge, Kolar dismissing the appeal by confirming the conviction and sentence passed in C. C. No. 576/98 dated 9-2-2000 by the learned CJM, Kolar for the offence under S. 468, I. P. C.

(2.) THE brief facts of the case are as follows : the Town Police, Kolar charge sheeted the accused for the offence under S. 468, I. P. C. on the allegation that on 14-11-96 at about 10. 30 a. m. near the College Circle, kolar, the accused forged the hall tickets by using seals of the Govt. Junior College and first Grade College for purposes of using it to attend the examination by some other students instead of actual students. After completion of the investigation, charge sheet was filed. The learned CJM secured the presence of the accused and framed charges for the offence under S. 468, I. P. C. The accused pleaded not guilty and claimed to be tried. The prosecution examined in all P. Ws. 1 to 9, produced Exts. P. 1 to P. 5 and marked M. Os. 1 to 14. The statement of the accused was recorded under S. 313, Cr. P. C. The defence of the accused is one of total denial. The accused did not choose to enter into the witness box.

(3.) THE learned CJM for the reasons recorded in his judgment, convicted the accused for the offence under S. 468, I. P. C. and sentenced him to undergo S. I. for a period of 3 years and to pay a fine of Rs. 5,000/ -. The conviction and sentence was questioned before the learned II Additional sessions Judge, Kolar in C. C. No. 6/2000 which came to be dismissed by judgment dated 19-3-2003. It is this judgment of conviction and sentence which is questioned in the present revision.