MANJA @ AUTO MANJA, Vs. STATE

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and order on sentence passed by the Fast Track Court-II & Sessions Judge, Hassan, (henceforth for brevity referred to as "the Sessions Court"), passed in Sessions Case No.33/2007, on 19.3.2012, the appellants have preferred these appeals. Criminal Appeal No.533/2012 is filed by accused Nos.3 and 4, while Criminal Appeal No.1127/2012 is filed by accused Nos.1, 2 and 5. The appellants therein have challenged the judgment of conviction and order on sentence passed against them by the Sessions Court and have sought setting aside of the same and to acquit them for the alleged offences, whereas, Criminal Appeal No.1090/2012 is filed by the respondent/State, seeking enhancement of the quantum of sentence passed by the Sessions Court. As such, all these three appeals are connected and have been heard together and are being disposed off by this judgment.

(2.) Succinctly stated in Criminal Appeal No.533/2012 and Criminal Appeal No.1127/2012, the appellants have taken a contention that the prosecution has miserably failed to bring out the theory of conspiracy and common intention. That the entire case of the prosecution was based on circumstantial evidence, which it has not been able to establish. But, the Sessions Court not having properly appreciated the evidence led before it, has passed an erroneous judgment of conviction and order on sentence. Thus, the same deserves to be set aside.

(3.) The lower Court records were called for and the same are placed before the Court and perused by us.