MAHARAJA; ARAVIND; VANJI KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants, as the accused Nos.1 to 3 were arrested on 21.03.2009 in Crime No.86/2009 of the Electronic City Police Station, Bengaluru Rural District and were produced before the Chief Judicial Magistrate, Bengaluru and were remanded to judicial custody and later released on bail. The FIR/Ex.P-3 was registered by PW.3. After investigation, charge-sheet was filed and was registered as C.C.No.2827/2009. The case having been committed to the Court of Sessions, Bengaluru Rural District, was registered as S.C.No.303/2009 for the offences punishable under Ss.399 and 402 of IPC. The accused pleaded not guilty of the charge and faced trial before the Presiding Officer, FTC-I, Bengaluru Rural District.

(2.) The prosecution examined three witnesses to bring home its case against the accused. In response to the questions posed by the Court, disclosing incriminating evidence against the accused, under S.313 of Cr.P.C., 1973, the accused denied the accusation and stated that they have been falsely implicated.

(3.) The Trial Judge vide Judgment dated 25.02.2010 recorded a finding that the offences for which the accused were charged as proved and subsequently passed the order of sentence. For the offence under S.399 IPC, the accused were sentenced to undergo R.I. for 3 years and pay fine of Rs. 5,000/- each and in default of payment of fine, to undergo R.I. for further period of six months. For the offence under S.402 IPC, the accused was sentenced to undergo R.I. for 2 years and pay fine of Rs. 5,000/- each, in default of payment of fine, to undergo R.I. for further period of six months. However, both the sentences were ordered to run concurrently. Feeling aggrieved with the Judgment and the Order of the Trial Judge, the accused have filed this appeal.