BALAJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants have challenged their conviction and sentence for the offence punishable under Section 392 read with Section 397 IPC and 457 IPC for accused No.1 in Crl.A.No.699/2010 and under Section 414 of IPC for accused No.2 in Crl.A.No.222/2010 on a trial held by the Fast Track Court, Bangalore City.

(2.) THE facts reveal that in the night on 13/14.08.2006, the appellant in Crl.A.No.699/2010 gained entry into the house of Krishna (PW4) through the back door and committed the theft of jewellery, cash etc., and at that time, said to have given threat by showing a pistol and thereafter a dagger. A complaint of this incident was filed by PW4 under Ex.P3. After registration of the said complaint, investigation was taken up, statements were recorded and the spot mahazar was held as per Ex.P2. Both the accused were arrested. At the instance of accused No.2, MOs.1 to 5 were recovered and under mahazar Ex.P4, MOs.6 to 9 were seized at the instance of first accused. On completion of investigation, chargesheet was laid against both the accused for the aforesaid offences.

(3.) HEARD the learned Counsel for appellants and learned High Court Government Pleader.