SHIVAKUMAR @ SAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.2, 3 and 5 challenging the judgment and order dated 17.2.2016 rendered by the Court below in Crl.A.No.5012/2015 dismissing the appeal and confirming the judgment of conviction and order of sentence passed by the trial Court in C.C.No.957/2009 dated 30.06.2015 convicting the petitioners/accused persons for the offence punishable under Section 224 of IPC.

(2.) The factual matrix of this petition is that on 22.07.2009 at 11.00 p.m. to 12.00 in the mid-night, the accused persons who were the under trial prisoners housing in the Madhugiri sub-jail which is in front of the Madhugiri police station, broke open the iron bars of cell No.5 and escaped from the lawful custody. In pursuance of filing of the complaint by the concerned jail authorities, the crime came to be registered against the accused persons for the offence under Section 224 of IPC. Subsequently, the case was taken up for investigation by the IO and after thorough investigation charge sheet was laid against the accused in C.C.No.957/2009. After securing the presence of the accused, the trial court read over the charges to the accused persons and they did not plead guilty and claimed to be tried.

(3.) In order to prove the case, the prosecution examined 16 witnesses as PWs.1 to 16 and got marked 9 documents as Exs.P1 to P9 and M.O.1 to M.O.4. The statement of the accused persons were recorded as prescribed under Section 313 of Cr.P.C. and the accused persons denied the incriminating evidence. However, they did not adduce any oral evidence nor produced any documentary evidence. After hearing both the sides, the trial Court held the accused persons guilty of the offence punishable under Section 224 of IPC and sentenced them to undergo six months SI with Rs.5,000/- fine and in default to undergo imprisonment for two months and further ordered that if they were in judicial custody during trial, the same shall be, set-off against the sentence. Aggrieved by the judgment of conviction and sentence rendered by the Court below, the accused persons preferred the appeal before the lower Appellate Court. The Appellate Court vide judgment and order dated 17.02.2016 dismissed the appeal by confirming the judgment of conviction and order of sentence passed by the trial court in C.C.No.957/2009. Hence, this petition by the petitioners for seeking set-aside the judgments of the Court below.