BASHEERSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 has preferred Criminal Revision Petition No.100055/2020 and Accused No.2 has preferred Criminal Revision Petition No.100010/2020. Both revision petitions are directed against the common judgment of conviction dtd. 22/9/2015 passed in C.C. No.136/2008 (split up) C.C. No.892/2014, and the orders passed in Criminal Appeal No.41/2016 and Criminal Appeal No.5/2016 dtd. 11/11/2019. Since common orders have been passed by both the Trial Court and the Appellate Court, these revision petitions are heard together and are being disposed of by this common judgment.

(2.) The case of the prosecution against the accused persons is that, on 20/5/2007 at about 9:00 p.m., while the complainant was proceeding on a motorcycle from Halageri towards Lingadahalli, the accused persons, with the intention of committing robbery, held a rope blocking the road, thereby compelling the complainant to stop his motorcycle. At this situation, Accused No.1, while threatening the complainant, snatched a mangalya chain weighing 4 tolas; Accused No.3 snatched four gold bangles collectively weighing 4 tolas; and Accused No.2 snatched the complainant's gold chain. Thereafter, the accused persons assaulted the complainant and caused injuries. Upon completion of the investigation, the Investigating Officer filed a charge sheet against the accused persons for the offence punishable under Sec. 392 of the Indian Penal Code.

(3.) In order to establish its case, the prosecution examined 16 witnesses, cited as PWs.1 to 16, and marked 22 documents as Exhibits P1 to P22. It also produced 4 material objects, marked as M.O.1 to M.O.4. During the course of cross- examination, the defence confronted the prosecution witnesses with 2 documents, marked as Exhibits D1 and D2.