S. K. LAVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused challenging the judgment dated 23.5.2016 rendered by the Court below in Crl.A.No.33/2013 confirming the judgment of conviction and order of sentence dated 28.2.2013 rendered by the trial Court in C.C.No.302/2010 for the offence punishable under Section 506(2) of IPC, in sofar as it relates to order of confiscation of the SBBL gun - M.O.1 to the State.

(2.) The brief facts of the case is that on 26.5.2007 at 10.00 a.m. in Balele Devanuru Village when CW.1 had gone to his house, then the accused had brought the SBBL gun in a manner to shoot CW.1 and threatened with dire consequences. Therefore, a crime came to be registered in Cr.No.57/2007 under Section 506(2) of IPC against the accused. The Ponnampet police seized the SBBL gun from the accused and the same came to be marked as M.O.1 and after investigation by the IO, charge sheet was laid in C.C.No.302/2010. The charges were framed and read over to the accused but he did not plead guilty and claimed to be tried.

(3.) In support of the case of prosecution, PW.1 to PW.7 were examined and Exs.P1 to P.5 and M.O.1 were got marked. Thereafter, incriminating statement was recorded as contemplated under Section 313 of Cr.P.C. whereby the accused denied the truth of the prosecution case. Subsequently, the accused did not come forward to adduce any defense evidence. The trial Court after appreciation of evidence on record and hearing the arguments advanced on both the side, passed the impugned judgment of conviction and order of sentence convicting the accused for the offence punishable under Section 506 of IPC and sentenced him to undergo SI for five months and to pay fine of Rs.2,000/-. In default to pay the fine amount, to undergo SI for one month. M.O.1 seized in the said case was ordered to be confiscated to the State after expiry of period of the appeal.