ESHWARACHARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant in Criminal Appeal No.1641 of 2018 being accused No.9 in SC No.168 of 2011 on the file of the learned III Additional District and Sessions Judge, Kolar (sitting at KGF), is impugning the judgment of conviction and order of sentence dtd. 20/8/2018, convicting him for the offence punishable under Sec. 201 of IPC and sentencing him to undergo imprisonment for a period of 3 years and to pay fine of Rs.3,000.00, with default sentence.

(2.) The appellant in Criminal Appeal No.1635 of 2019 being accused No.6 in SC No.168 of 2018 before the Trial Court, is impugning the judgment of conviction and order of sentence dtd. 22/12/2018, convicting him for the offences punishable under Ss. 120-B , 395 and 397 read with Sec. 149 of IPC and sentencing him to undergo imprisonment for a period of 10 years and to pay fine of Rs.10,000.00 for the offence punishable under Sec. 120B and 395 read with Sec. 149 of IPC respectively, to undergo rigorous imprisonment for a period of 7 years and pay a fine of Rs.10,000.00 for the offence punishable under Sec. 397 of IPC, with default sentences.

(3.) Brief facts of the case as made out by the prosecution is that, on 30/5/2011, accused Nos.1 to 11 have conspired together to commit dacoity. In furtherance of the same, accused Nos.1 to 7 made preparations, armed with deadly weapons, have trespassed into the house of PWs.1 to 3, committed dacoity and took away the gold ornaments, silver articles, cash of Rs.54,000.00 and Samsung mobile phone by giving life threat to the inmates of the house. Thereby, accused No.6 has committed offences punishable under Ss. 120-B , 395 , 397 and 201 read with Sec. 149 of IPC.