YAMANURAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri B.S. Kukanagoudar, learned counsel for revision petitioner and Sri T.Hanumareddy, learned Addl. Government Advocate for respondent.

(2.) Accused No.3 has filed this revision petition challenging the judgment of conviction and order of sentence passed in C.C. No.103/2008 dtd. 30/1/2014 by the Additional Civil Judge and JMFC, Hungund, and the judgment dtd. 29/10/2018 passed in Criminal Appeal No.17/2014 by the Principal District and Sessions Judge, Bagalkot, whereby the revision petitioner--Accused No.3--has been convicted and sentenced to undergo simple imprisonment for a period of two years for the offences punishable under Ss. 457 and 380 of the Indian Penal Code, and to pay a fine of Rs.1,000.00 in respect of each offence, and in default of payment of fine, to undergo simple imprisonment for a further period of six months.

(3.) The case of the prosecution is that between 10:00 p.m. on 30/12/2007 and 6:00 a.m. on 31/12/2007, accused Nos.1 to 3, acting in furtherance of their common intention, broke open the locks of the shop belonging to CW-1, committed lurking house-trespass, and stole gold jewellery worth Rs.4,73,995.00, silver ornaments worth Rs.18,000.00, and cash amounting to Rs.1,18,980.00. After completion of the investigation, a charge sheet was filed against the accused persons for the offences punishable under Ss. 457 and 380 of the Indian Penal Code. The trial was conducted against accused Nos.2 and 3.