CHOWDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is directed against the order dated 15-7-1989 passed in Criminal Appeal No.29/1984 passed by the Sessions Judge, Hassan, confirming the order of conviction and sentence passed on 8-11-1984 by the Prl" Munsiff & J.M.F.C. Arsikere in C.C.No.710/1984.

(2.) The facts of the case in brief are as under: Petitioners - accused were charged for the offence punishable under Section 80 of the Karnataka Police Act. When they were brought to the Court, they pleaded guilty. The learned Magistrate convicted the petitioners for the offence under Section 80 of the Karnataka Police Act and sentenced each of them to undergo S,I. for one month and pay a fine of Rs. 200/-, in default, to undergo S.I. for 15 days. Aggrieved by the said order of conviction and sentence the Petitioners preferred Criminal Appeal No.29 of 1984. The learned Sessions Judge, Hassan, after hearing both sides, dismissed the appeal and confirmed the order of conviction and sentence passed by the learned Magistrate.

(3.) Mr. R.S. Chakrabhavi, learned Counsel appearing for the petitioners submitted that the conviction is bad as the petitioners were not given sufficient opportunity, though the accusation was read over to them, before pleading guilty. When the accused were brought before the Court, the learned Magistrate put the question to the accused as under: The learned Counsel for the petitioners submitted that the plea of the accused is not voluntary, as they were asked by the police to plead guilty and they would be let off only with fine. It is submitted that the accused were brought to the Court on this assurance. The learned Counsel relies upon a decision of this Court, rendered by a Division Bench in State of Karnataka v Malappa Siddalingappa - reported in 1980(1) Karnataka Law Journal -182. The learned Judges, observed as under:-