CHANDRASHEKARA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present revision petition is filed under Section 397, Cr.P.C. challenging the judgment of conviction and sentence passed by the JMFC, Arsikere, in C.C.426/08 and affirmation of the same in Crl.A.104/08 by the learned Principal Sessions Judge, Hassan, Petitioners herein were the accused in the said case registered by the respondent police for the offences punishable under Sections 457 and 380, I.P.C. Petitioners have been directed to undergo SI for a period of three years each and to pay a fine of Rs.2,000/- vide judgment dated 5.8.2008.

(2.) The facts leading to the filing of the case are as follows:

(3.) The first informant has been examined as PW-1. It is in his house that the theft of silver articles worth Rs.23,000/- took place. He was not in the house since he had been to Bengaluru to look after his mother who was admitted to Shobha Nursing Home. He received a telephonic message to the effect that his house had been burgled. He came back to Arsikere and found the silver articles missing. Therefore he chose to lodge first information. Police came to the spot and spot mahazar was done. On 4.11.2007, Bengaluru police had called him to City Market police station and showed the silver articles. He identified the same as belonging to him.