KALLESH Vs. STATE BY TOWN POLICE

JUDGEMENT

(1.) The Revision Petitioner is Accused No. 1 before the trial Court in CC No. 2132/2010 for the alleged offence u/s. 379 of IPC. He was tried along with A3. A2 being the juvenile offender, he was sent to Juvenile Justice Board. The accused has contested the case before the trial Court and after recording the evidence and also providing opportunity to the accused to cross examine the witnesses, the trial Court after due appreciation of oral and documentary evidence on record, convicted A1 and A3 for the offence punishable under Sec. 379 of IPC and sentenced them to undergo rigorous imprisonment for three years with fine of Rs. 2,000/ - with default imprisonment for a period of one month.

(2.) Being aggrieved by the said judgment, both the accused preferred an appeal before the Addl. District and Sessions Judge, Chitradurga in Criminal Appeal No. 7/2013. The appellate court after re -appreciation and re -evaluation of the materials on record, allowed the appeal partly and acquitted A3 from the charges leveled against him. However, confirmed the judgment of conviction and sentence passed by the trial Court, against A -1. The Accused No. 1 being aggrieved by the judgment of the appellate court is before this Court by way of Revision.

(3.) I have heard the arguments of the learned counsel for the petitioner and also the learned Addl. SPP for the State. Also, I have carefully perused the judgment of the trial Court and the Appellate Court and also the evidence recorded by the trial Court and also the materials available on record.