H.N. RAMACHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed under Sections 397, Cr.P.C. challenging the judgment of conviction passed by the IV Additional CMM in C.C.542/99 and affirmation of the same by the learned Sessions Judge and presiding officer of fast Track Court-IV in Crl.A. 281/04.

(2.) Petitioner herein was the first accused in the said case. There were three more accused apart from him. The 2nd accused-Purushottam died during the pendency of the case soon after filing the charge sheet. The 3rd accused-Anantharamu is acquitted in the said case. The case against 4th accused-Anthony Rao is split up.

(3.) Charge sheet is filed against all the accused for the offences punishable under Sections 406, 408, 465, 511, 120B, I.P.C. by the IV Additional CMM, Bangalore, on 21.3.2002. All the four accused were working as postmen. According to the prosecution case, one Sampath Kumar had sent Rs.1,75,000/-in favour of Govindaraju through one Mohamed Anwar of Mangalore. It is the further case that the said Mohamed Anwar had sent the said demand draft by registered post addressed to Govindaraju and that the said cover containing the demand draft had been entrusted to the 2nd accused exclusively for its delivery when he was working as postmen at Rajajinagar post office. The case of the prosecution is that the 2nd accused had conspired with other accused and handed over the said registered cover to the 1st accused and later on, the 1st accused forged the signature of Govindaraju and got the D.D. It is alleged that all the four accused had conspired amongst themselves to knock off the said money. It is in this regard, the offences as noted above is read with Sections 34, I.P.C. All the accused who had pleaded not guilty, claimed to be tried.