BASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenging judgment dtd. 28/9/2018 passed by V Addl. District and Sessions Judge, Shivamogga, sitting at Sagar, in Crl.A.no.98/2016 confirming judgment of conviction and order of sentence dtd. 18/11/2016 passed by learned Civil Judge and JMFC, Soraba, in C.C.no.77/2008, this revision petition is filed.

(2.) Sri PB Umesh, learned counsel appearing for Sri Ravindra B. Deshpande, Advocate for petitioner submitted revision petition was by accused no.1 against concurrent findings convicting him for offences punishable under Ss. 457 and 380 of Indian Penal Code, 1872, ('IPC', for short) and sentencing him to undergo simple imprisonment for period of one year each with fine of Rs.5,000.00 and in default to pay fine, to undergo simple imprisonment for three months each.

(3.) As per prosecution, on night of 25/9/2007, accused committed lurking house trespass by breaking open door lock and entering into room of Kummuru Government Higher Primary School and committing theft of one LPG cylinder kept there worth Rs.1200.00. And at 1:30 a.m. on 4/10/2007, when police on beat duty near Hospete Hakkalu and stopped Esteem Car, they found four persons inside car including accused along with three LPG cylinders. On being apprehended, they admitted to have committed theft of LPG cylinders from Kummuru School.