AFROSE KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is directed against the judgment dtd. 5/4/2018 passed in Crl.A. No. 159/2017 whereunder the judgment of conviction dtd. 11/9/2017 passed in C.C. No. 953/2014 by Principal Civil Judge and JMFC, Kadur has been affirmed and sentence has been reduced from simple imprisonment for 6 months to simple imprisonment for 3 months with fine of Rs.5,000.00 for offence under Sec. 193 of IPC.

(2.) Heard learned counsel for petitioner and learned HCGP for respondent - State.

(3.) Brief facts of the case of the prosecution is that the petitioner was a witness in the charge sheet as C.W.6 in crime No. 121/2012 of Birur Police Station and that charge sheet is filed against one M. Thimmaraju for offence punishable under Sec. 279 and 304-A of IPC and 187 of IMV Act . Petitioner who was cited as C.W.6 has been examined as P.W.1 in the said case. Petitioner - accused, in the chief-examination dtd. 25/9/2013 has supported the case of prosecution and in the cross- examination he has given entirely contra evidence to his chief examination. Learned Senior Civil Judge has mentioned the same in the order sheet and registered Crl.Misc. No. 32/2014 and issued show cause notice to the petitioner - accused. Said show cause notice has been served on the petitioner - accused and he did not choose to appear in the said case. Considering the evidence of petitioner - accused in the enquiry held in Crl.Misc. No. 32/2014, learned Senior Civil Judge has directed Chief Ministerial Officer to lodge a complaint against the petitioner - accused. Cognizance was taken against the petitioner - accused for offence under Sec. 193 of IPC. Petitioner - accused pleaded not guilty. Prosecution examined one witness as P.W.1 and got marked Ex.P.1 to Ex.P.5. Statement of petitioner - accused was recorded under Sec. 313 of Cr.P.C. Petitioner - accused has not let in any defence evidence. Learned Magistrate, after hearing arguments on both sides, has passed the judgment convicting petitioner - accused for offence under Sec. 193 of IPC and sentenced to undergo simple imprisonment for a period of 6 months and to pay fine of Rs.5,000.00 with default sentence. Petitioner - accused challenged the said judgment of conviction before the Sessions Court in Crl.A. No. 159/2017. Said appeal came to be allowed in part confirming the conviction of the petitioner - accused for offence under Sec. 193 IPC and reduced the sentence of imprisonment from 6 months to 3 months maintaining the fine of Rs.5,000.00.