KRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner was the accused in C. C. No. 31/84 on the file of the J.M.F.C. Koppal. He was tried for an offence punishable under Section 379 IPC for committing the theft of the cycle (MO. 1) belonging to Somasundaram (P.W. 3) when he had kept it near his photo studio at Koppal on or about 1-11-1983 at about 9.15 a.m.

(2.) As the accused pleaded not guilty to the said charge. P.Ws. 1 to 5 were examined and Exs. P. 1 to P. 5 were produced on behalf of the prosecution. The defence of the accused was one of total denial.

(3.) Accepting the prosecution evidence, the learned Magistrate convicted him under Section 379 IPC and sentenced him to undergo simple imprisonment for three years and to pay a fine of Rs. 10/- or in default to undergo simple imprisonment for three months, taking into consideration the previous conviction as mentioned in Ex. P. 5. In appeal, the Sessions Judge, Raichur, confirmed the conviction but reduced the sentence to simple imprisonment for two years and six months and maintained the sentence of fine and the default sentence. Hence, this revision petition by the accused.