STATE Vs. K.R. PRASHANTH

JUDGEMENT

(1.) THE judgment and order dated 18.8.2010, passed by the III Additional Sessions Court, Mysore in SC. No. 309/2007, is called in question in these appeals.

(2.) ACCUSED -K.R. Prashanth was tried for the offences punishable under Sections 307 and 394 of IPC. The trial Court convicted him for both the offences and sentenced him to undergo imprisonment for a period of seven years and to pay a fine of Rs. 50,000/ - for the offence punishable under Section 307 of IPC. He is also sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 1,000/ - for the offence punishable under Section 394 of IPC.

(3.) CASE of the prosecution in brief is that injured PW.1 (victim) had acquaintance with the accused; accused was running a chit fund scheme; PW.1 had invested Rs. 1,50,000/ - in the said scheme with the accused; accused had borrowed a sum of Rs. 2,50,000/ - from the victim, but the same was not repaid by him; he also did not pay back Rs. 1,50,000/ - in respect of chit fund investment amount to the victim; thus in order to repay the entire amount, accused had issued a cheque, dated 25.8.2007 for a sum of Rs. 4,00,000/ - (Ex. P1) drawn on ICICI Bank; but the said cheque was not presented for encashment as per the request of the accused; however the victim used to pressurize the accused to repay the said amount, but the accused did not repay the said amount.