M. VIJAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned HCGP for the respondent-State.

(2.) Crl.A.No.734/2012 is filed by the accused No.1, Crl.A.No.793/2012 is filed by accused Nos.3 and 6 and Crl.A.No.1177/2012 is filed accused Nos.2 and 4 challenging the judgment of conviction and imposing sentence for a period of five years with fine of Rs.5,000.00 each for the offence under Sec. 395 of IPC, in default of payment of fine, to undergo simple imprisonment for a period of three months and also invoked Sec. 428 Cr.P.C. that accused Nos.1, 2, 3, 4 and 6 are entitled for set off for the period they have undergone in judicial custody.

(3.) The factual matrix of the case of the prosecution before the Trial Court is that on 18/12/2008 at 10.00 p.m., near Bellara Village, Huliyar Hobli, Chikkanayakanahalli Taluk at Sira-Huliyar Road, within the jurisdiction of Huliyar Police Station, the accused Nos.1 to 4 and 6 along with absconded accused Nos.5 and 7 have committed dacoity i.e., when C.W.1 was driving the lorry bearing No.KA-44-1995 belonging to Purushottama from Sira side towards Huliyar, the accused Nos.1 to 4 and 6 along with absconded accused Nos.5 and 7 threatened C.W.1 with knife and snatched Rs.16,500.00 and voluntarily caused hurt to C.W.1 with razor and thereby committed offence. The Police investigated the case based on the complaint given by C.W.1 and filed the charge-sheet against all the accused persons and matter was assigned to FTC-I Tumakuru, and after FTC-IV Court is transferred to Tiputur, this case is transferred to Tiptur.