CHANDRASHAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioner's counsel and also learned HCGP for the respondent-State.

(2.) This revision petition is filed under Section 397 read with Section 401 of Cr.P.C. praying this Court to set-aside the judgment of conviction passed in CC No.378/2006 dated 14.05.2010 by the Civil Judge and JMFC, Badami for the offences punishable under Sections 419, 420, 465, 468, 471 of IPC and also challenging the judgment of confirmation passed in Crl.A. No.41/2010, dated 23.03.2011; maximum sentence imposed is six years and fine of Rs.7,000/-. Being aggrieved by the judgment of conviction, revision petitioner has approached the first appellate Court in Crl.A. No.41/2010 and the first appellate Court confirmed the judgment of conviction and sentence.

(3.) Being aggrieved by the judgment of conviction and also confirmation, present revision petition is filed contending that the Courts below have not properly appreciated the stand taken by the defence during the course of cross-examination of PW4 and 5 and further the Courts below ought to have seen that PW1 and 2 who are the panch witnesses have turned hostile and further the Courts below ought to have seen that the evidence of PW3 who is the witness for panchanama has deposed before the trial Court to the effect that he has not stated in his examination in chief as per 161 statement. The other contention that the Courts below have not properly appreciated the evidence available on record and comes to a wrong conclusion in deciding the case. It is further contended that the records clearly goes to show that no ingredients of the offences invoked against this petitioner is complied with, hence, the order impugned is liable to be set-aside.