S PAPARAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Revision Case is filed by the accused in C.C.No.679 of 1999 on the file of the XXIII Metropolitan Magistrate, Hyderabad.

(2.) The petitioner was chargesheeted for the offence under Section 420 of I.P.C. The trial Court convicted him for the said offence and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.200/- in default to suffer simple imprisonment for one month. Being aggrieved by the Judgment of the trial Court, dated 23-07-2001, he preferred Crl.A.No.273 of 2001 on the file of the Metropolitan Sessions Judge, Hyderabad. The learned Metropolitan Sessions Judge, after going through the material available on record, dismissed the Appeal by confirming the conviction of the petitioner and modifying the sentence of imprisonment from one year to six months without altering the sentence of fine. Being aggrieved by the Judgment of the appellate Court, dated 13-08-2002, the petitioner preferred the present Revision Case challenging the validity and legality of the Judgment of the appellate Court by contending that there is no case against the Revision Petitioner and he is the victim of circumstances, therefore, he is not liable for conviction for the offence under Section 420 of I.P.C.

(3.) In the light of the circumstances, the point for consideration is: