SANTOSH AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Though, this matter is listed for admission, with the consent of both the sides, it is taken up for final disposal.

(2.) This is the petition filed by petitioners -Accused Nos. 2 and 4 under Ss. 397 and 401 of Cr.P.C., praying to set aside the judgment and order of sentence dated 31.01.2014 passed by the Principal District and Sessions Judge, Dharwad in Crl. A. No. 20/2013 confirming and modifying the judgment and order dated 02.01.2013 passed by the III Addl. Civil Judge and CJM Dharwad in CC No. 13/2012 and requesting to acquit the petitioners/accused Nos. 2 and 4 from the other charges.

(3.) Brief facts of the case of the prosecution as per the complaint averments are that the PSI Vidyagiri Police Station, Dharwad has filed a charge sheet against the accused Nos. 1 to 4 for the offences punishable under Ss. 454, 457 and 380 R/w. Sec. 34 of IPC making the allegations that in between 7.30 p.m. on 07.09.2011 and 10.30 a.m. on 08.09.2011, some persons gained entry into the house of the complainant and committed theft of jewels and ran away. While doing so, the said accused persons have committed lurking house trespass. Therefore, a complaint has been lodged. On the basis of which, a case has been registered against the petitioners herein who are accused Nos. 2 and 4 along with other accused persons for the alleged offences.