LAWS(KAR)-2016-6-261

STATE OF KARNATAKA Vs. B P NARASIMHAMURTHY

Decided On June 09, 2016
STATE OF KARNATAKA Appellant
V/S
B P NARASIMHAMURTHY Respondents

JUDGEMENT

(1.) The judgment and order of acquittal dated 20.11.2012 passed by the Fast Track Court, Ramanagara in Criminal Appeal No.27/2010 is called in question in this appeal by the State.

(2.) In order to prove its case, the prosecution, in all, has examined 18 witnesses and got marked 29(a) exhibits. On behalf of the defence, 7 documents were got marked. The trial Court, on evaluation of the material on record convicted the accused by the judgment and order dated 17.7.2010 in C.C No.370/2004 for the offences punishable under Sections 409 and 420 of IPC and sentenced him to undergo imprisonment for six months and to pay fine of Rs.2,000/-. Default sentence is also imposed. As against the judgment of conviction passed by the trial Court, the respondent-accused approached the first appellate Court in Criminal Appeal No.27/2010 which came to be allowed by the impugned judgment on 20.11.2012.

(3.) Sri. Majage and Sri. Dinesh Kumar K. Rao, learned Amicus Curiae have taken us through the entire material on record and submitted their arguments. Both of them have agree that the impugned judgment of the first appellate Court is not a speaking judgment.