PARASHURAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal of accused Nos.1 and 2 arises out of judgment and order of conviction and sentence dated 30.08.2011 passed by the IV Addl. District and Sessions Judge Gulbarga in Criminal Appeal No.35/2008. By impugned judgment and order, the First Appellate Court has reversed the judgment and order passed by Prl. Civil Judge (Jr. Dn) and JMFC, Gulbarga in C.C.1505/2000 dated 25.05.2007 acquitting accused for the charges for the offences punishable under Sections 408, 420, 468 and 478 read with Section 34 IPC. Further, the First Appellate Court convicted Accused No.1 for the charges for the offences punishable under Sections 408, 420, 468 and 471 IPC and Accused No.2 for the offences punishable under Sections 420, 468 and 471 IPC and sentenced them for each of the offences for simple imprisonment of five years and fine of Rs.10,000/-.

(2.) For the purpose of convenience, the appellant will be referred to hereafter as accused. The trial Court tried accused No.1 and 2 for the offences punishable under Sections 408, 420, 468 and 471 read with Section 34 IPC, on the basis of charge sheet filed by Brahamapur Police in Crime No.38/1996 of their police station. The said charge sheet was filed on the basis of complaint of PW.1 Ishwar.M.Ingan as per Ex.P.1. Initially, the said complaint was registered only against Accused No.1.

(3.) On the basis of further statement allegedly given by PW.1, Accused No.2 Shamrao Udagi, Accused No.3 Chandrakant Katak were also included in the case. However, while filing of charge sheet Investigation Officer dropped Accused No.3 Chandrakant Katak.