REVANASIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant in both these appeals was the accused before the learned II Additional District and Sessions Judge at Tumakuru (for brevity hereinafter referred to as 'trial Court') in SC Nos.151/2010 and 150/2010 in which case he was convicted by the said Court by its judgment dated 27.11.2010 for the offences punishable under Sections 379 and 413 of Indian Penal Code, 1860 (for brevity hereinafter referred to as 'IPC') and was sentenced accordingly.

(2.) Since, both the appeals though have arisen out of two sessions cases, but, both have been against the very same accused / appellant herein, wherein he was convicted for the very same offences and the witnesses examined by the prosecution in the Court below except the complainant (PW1) are all same witnesses and with the consent from both side, both the appeals have been taken as connected with each other and heard the common argument and taken up for the common judgment.

(3.) Summary of the case of the prosecution in Crl.A.No.1303/2010 which has arisen from SC No.150/2010 is that on 09.04.2009, the accused has committed theft of a motor cycle bearing registration No.KA 36 J 8223 said to be belonging to PW1 Sri.M.R.Dilip Singh therein and that the accused is also alleged to be in the habit of dealing with the stolen articles, knowing fully well that they are stolen articles. Accordingly, based on the charge sheet filed by the Investigating Agency, the accused was charged for the offences punishable under Sections 379 and 413 of Penal Code and was tried for the same.