GOUDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioneraccused Nos. 1 to 4 challenging the judgment dated 16.03.2017, in Criminal Appeal No.104/2013, passed by the I-Additional District and Sessions Judge, Bagalkot, sitting at Jamakhandi wherein the judgment of conviction and order on sentence passed by the Principal Senior Civil Judge and JMFC, Jamakhandi in C.C.No.10/2010 for the offences punishable under Sections 323, 324, 355, 504 r/w section 34 of Penal Code was confirmed.

(2.) Though this case is listed for admission, today, the learned counsel for petitioner-accused has remained absent. Since the Criminal Revision Petition cannot be dismissed for default, I have heard the learned HCGP and perused the records.

(3.) The contentions taken by the petitionersaccused are that the judgment of conviction and order on sentence passed by the Court below are oppose to law and to the material available on record. It is further contended that the prosecution's case mainly rests on circumstantial evidence and there is no positive evidence lead by the prosecution to prove such circumstances, and the Trial Court without appreciating the evidence on record has wrongly convicted the petitioners-accused. It is further contended in the that P.W.1, in his evidence, has deposed that four to five people beaten him with various weapons, but he has not stated as to which accused beaten him with which weapon. In that light, the evidence of P.W.1 is doubtful. P.W.1 has created a story and on the basis of his evidence, the petitioners-accused are falsely implicated in the case and the Trial Court has also wrongly convicted the petitioners-accused. It is further contended that the judgments of the First Appellate Court and the Trial Court are liable to be set aside.