SRI. ILYAZ PASHA Vs. STATE BY DEVANAHALLI POLICE

JUDGEMENT

(1.) The present petition is filed by the accused, challenging the judgment and order in Criminal Appeal No. 9/2009 passed by the Sessions Judge, Fast Track Court-II, Bangalore Rural District, dated 31.3.2010 whereunder the judgment and order of conviction and sentence passed by the Principal Civil Judge, (Junior Division) and JMFC., Devanahalli in CC. No. 700/2007, dated 29.1.2009 has been confirmed, by dismissing the appeal.

(2.) I have heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.

(3.) It is the contention of the learned counsel for the petitioner that though there is no worth believable evidence before the trial Court, without proper appreciation of the evidence, it has erroneously convicted the accused-petitioner. He further submitted that on credible scrutiny of the evidence of PWs.2 and 3, it would indicate that they are not the eye witnesses and they have come to the place of incident only after the incident has taken place. He further submitted that there is contradiction in the evidence of PW.1-complainant with the complaint at Ex.P1. He further submitted that the trial Court as well as the first appellate Court without properly appreciating the evidence have erroneously convicted the accused-petitioner. He further submitted that now the petitioner is aged about 64 years and even the sentence imposed is also not proportionate to the offence committed by him. On these grounds, he prayed to allow the petition and to set aside the impugned judgments passed by the Courts below.