Karnataka High Court
Rekha @ Renuka D/O. Pandappa ... vs The State Of Karnataka on 28 July, 2023
Bench: Anil B Katti
-1-
CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL REVISION PETITION NO. 100094 OF 2017
C/W
CRIMINAL REVISION PETITION NO. 100093 OF 2017
CRIMINAL REVISION PETITION NO. 100117 OF 2017
Digitally
signed by
ANNAPURNA
CRIMINAL REVISION PETITION NO. 100118 OF 2017
ANNAPURNA CHINNAPPA
CHINNAPPA DANDAGAL
DANDAGAL Date:
CRIMINAL REVISION PETITION NO. 100119 OF 2017
2023.07.28
16:48:51 -
0700 CRIMINAL REVISION PETITION NO. 100120 OF 2017
CRIMINAL REVISION PETITION NO. 100121 OF 2017
CRIMINAL REVISION PETITION NO. 100122 OF 2017
CRIMINAL REVISION PETITION NO. 100155 OF 2017
CRIMINAL REVISION PETITION NO. 100156 OF 2017
CRIMINAL REVISION PETITION NO. 100157 OF 2017
CRIMINAL REVISION PETITION NO. 100158 OF 2017
IN CRIMINAL REVISION PETITION NO. 100094 OF 2017
BETWEEN:
REKHA @ RENUKA D/O. PANDAPPA BYADAGOL,
AGE:26 YEARS, OCC:COOLIE,
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
R/O:MADAR GALLI, SHIROL, TQ:JAMAKHANDI,
DIST:BAGALKOT.
...PETITIONER
(BY SRI. B.S. SANGATI, ADV.)
AND:
THE STATE OF KARNATAKA BY ITS
C.P.I JAMAKHANDI CIRCLE, JAMAKHANDI
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-580011.
...RESPONDENT
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS OF THE MATTER AND TO SET ASIDE THE JUDGMENT AND
ORDER DATED 30.09.2014 PASSED BY THE COURT OF THE PRL. SR.
CIVIL JUDGE AND J.M.F.C JAMAKHANDI, AT:JAMAKHANDI IN C.C.NO.
36/2013 IN SO FAR AS PETITIONER HEREIN/ARRAYED AS ACCUSED
NO. 4 AND THE JUDGMENT AND ORDER DATED 07.11.2016 PASSED
BY THE COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE,
BAGALKOT TO SIT AT:JAMAKHANDI, IN CRIMINAL APPEAL NO.
71/2014 AND ACQUIT THE PETITIONER FOR THE CHARGE U/SECS.
411 OF I.P.C.
IN CRIMINAL REVISION PETITION NO. 100093 OF 2017
BETWEEN:
REKHA @ RENUKA D/O. PANDAPPA BYADAGOL,
AGE: 26 YEARS, OCC:COOLIE,
R/O: MADAR GALLI, SHIROL, TQ:JAMAKHANDI,
DIST: BAGALKOT.
...PETITIONER
(BY SRI. B.S. SANGATI, ADV.)
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
AND:
THE STATE OF KARNATAKA BY ITS
C.P.I JAMAKHANDI CIRCLE, JAMAKHANDI
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-580011.
...RESPONDENT
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS OF THE MATTER AND TO SET ASIDE THE JUDGMENT AND
ORDER DATED 30.09.2014 PASSED BY THE COURT OF THE PRL. SR.
CIVIL JUDGE AND J.M.F.C JAMAKHANDI, AT:JAMAKHANDI IN C.C.NO.
35/2013 IN SO FAR AS PETITIONER HEREIN/ARRAYED AS ACCUSED
NO. 3 AND THE JUDGMENT AND ORDER DATED 05.11.2016 PASSED
BY THE COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE,
BAGALKOT TO SIT AT:JAMAKHANDI, IN CRIMINAL APPEAL NO.
70/2014 AND ACQUIT THE PETITIONER FOR THE CHARGE U/SECS.
411 OF I.P.C.
IN CRIMINAL REVISION PETITION NO. 100117 OF 2017
BETWEEN:
SHRI. HUSEN S/O MALLIKSAB @ BIJAPUR @ JATAGAR,
AGE:32 YEARS, OCC:STAMP VENDOR,
R/O: MUDDEBIHAL, TAL:MUDDEBIHAL,
DIST:VIJAYAPUR.
...PETITIONER
(BY SRI. D.B. KARIGAR, ADV.)
AND:
THE STATE OF KARNATAKA
BY P S I, RURAL P S, JAMAKHANDI,
BY ITS S P P.
...RESPONDENT
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS FROM THE TRIAL COURT AND TO SET ASIDE IMPUGNED
ORDER OF DISMISSAL OF THE APPEAL PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING
AT JAMAKHANDI, IN ITS CRIMINAL APPEAL NO. 79/2015 ON
09.11.2016 & THEREBY CONFIRMED THE ORDER OF PRINCIPAL
CIVIL JUDGE & J M F C, JAMAKHANDI, IN ITS CRIMINAL CASE NO.
33/2013 DATED 30.09.2014, VIDE ANNEXURE-A.
IN CRIMINAL REVISION PETITION NO. 100118 OF 2017
BETWEEN:
SHRI. HUSAIN S/O MALLIKSAB @ BEPARI @ JATAGAR @ BIJAPURE,
AGE:32 YEARS, OCC:STAMP VENDOR,
R/O: MUDDEBIHAL, TAL:MUDDEBIHAL,
DIST:VIJAYAPUR.
...PETITIONER
(BY SRI. D.B. KARIGAR, ADV.)
AND:
THE STATE OF KARNATAKA
BY P S I, RURAL P S, JAMAKHANDI,
BY ITS S P P.
...RESPONDENT
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS FROM THE TRIAL COURT AND TO SET ASIDE IMPUGNED
ORDER OF DISMISSAL OF THE APPEAL PASSED BY THE I
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING
AT JAMAKHANDI, IN ITS CRIMINAL APPEAL NO. 78/2015 ON
09.11.2016 & THEREBY CONFIRMED THE ORDER OF PRINCIPAL
CIVIL JUDGE & J M F C, JAMAKHANDI, IN ITS CRIMINAL CASE NO.
34/2013 DATED 30.09.2014, VIDE ANNEXURE-A.
IN CRIMINAL REVISION PETITION NO. 100119 OF 2017
BETWEEN:
SHRI. HUSEN S/O MALLIKSAB @ BIJAPUR @ JATAGAR,
AGE:32 YEARS, OCC:STAMP VENDOR,
R/O: MUDDEBIHAL, TAL:MUDDEBIHAL,
DIST:VIJAYAPUR.
...PETITIONER
(BY SRI. D.B. KARIGAR, ADV.)
AND:
THE STATE OF KARNATAKA
BY P S I, RURAL P S, JAMAKHANDI,
BY ITS S P P.
...RESPONDENT
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS FROM THE TRIAL COURT AND TO SET ASIDE IMPUGNED
ORDER OF DISMISSAL OF THE APPEAL PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING
AT JAMAKHANDI, IN ITS CRIMINAL APPEAL NO. 82/2015 ON
09.11.2016 & THEREBY CONFIRMED THE ORDER OF PRINCIPAL
CIVIL JUDGE & J M F C, JAMAKHANDI, IN ITS CRIMINAL CASE NO.
35/2013 DATED 30.09.2014, VIDE ANNEXURE-A.
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
IN CRIMINAL REVISION PETITION NO. 100120 OF 2017
BETWEEN:
SHRI. HUSEN S/O MALLIKSAB @ BIJAPUR @ JATAGAR,
AGE:32 YEARS, OCC:STAMP VENDOR,
R/O: MUDDEBIHAL, TAL:MUDDEBIHAL,
DIST:VIJAYAPUR.
...PETITIONER
(BY SRI. D.B. KARIGAR, ADV.)
AND:
THE STATE OF KARNATAKA
BY P S I, RURAL P S, JAMAKHANDI,
BY ITS S P P.
...RESPONDENT
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS FROM THE TRIAL COURT AND TO SET ASIDE IMPUGNED
ORDER OF DISMISSAL OF THE APPEAL PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING
AT JAMAKHANDI, IN ITS CRIMINAL APPEAL NO. 81/2015 ON
09.11.2016 & THEREBY CONFIRMED THE ORDER OF PRINCIPAL
CIVIL JUDGE & J M F C, JAMAKHANDI, IN ITS CRIMINAL CASE NO.
36/2013 DATED 30.09.2014, VIDE ANNEXURE-A.
IN CRIMINAL REVISION PETITION NO. 100121 OF 2017
BETWEEN:
SHRI. HUSEN S/O MALLIKSAB @ BIJAPUR @ JATAGAR,
AGE:32 YEARS, OCC:STAMP VENDOR,
R/O: MUDDEBIHAL, TAL:MUDDEBIHAL,
DIST:VIJAYAPUR.
...PETITIONER
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
(BY SRI. D.B. KARIGAR, ADV.)
AND:
THE STATE OF KARNATAKA
BY P S I, RURAL P S, JAMAKHANDI,
BY ITS S P P.
...RESPONDENT
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS FROM THE TRIAL COURT AND TO SET ASIDE IMPUGNED
ORDER OF DISMISSAL OF THE APPEAL PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING
AT JAMAKHANDI, IN ITS CRIMINAL APPEAL NO. 85/2015 ON
09.11.2016 & THEREBY CONFIRMED THE ORDER OF PRINCIPAL
CIVIL JUDGE & J M F C, JAMAKHANDI, IN ITS CRIMINAL CASE NO.
37/2013 DATED 07.10.2014, VIDE ANNEXURE-A.
IN CRIMINAL REVISION PETITION NO. 100122 OF 2017
BETWEEN:
SHRI. HUSEN S/O MALLIKSAB @ BIJAPUR @ JATAGAR,
AGE:32 YEARS, OCC:STAMP VENDOR,
R/O: MUDDEBIHAL, TAL:MUDDEBIHAL,
DIST:VIJAYAPUR.
...PETITIONER
(BY SRI. D.B. KARIGAR, ADV.)
AND:
THE STATE OF KARNATAKA
BY P S I, RURAL P S, JAMAKHANDI,
BY ITS S P P.
...RESPONDENT
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS FROM THE TRIAL COURT AND TO SET ASIDE IMPUGNED
ORDER OF DISMISSAL OF THE APPEAL PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING
AT JAMAKHANDI, IN ITS CRIMINAL APPEAL NO. 84/2015 ON
09.11.2016 & THEREBY CONFIRMED THE ORDER OF PRINCIPAL
CIVIL JUDGE & J M F C, JAMAKHANDI, IN ITS CRIMINAL CASE NO.
38/2013 DATED 07.10.2014, VIDE ANNEXURE-A.
IN CRIMINAL REVISION PETITION NO. 100155 OF 2017
BETWEEN:
SHRI. RAMZAN S/O HUSEIN SHAIKH,
AGE: 24 YEARS, OCC: COOLIE,
R/O: JANATA PLOT, MUDHOL ROAD,
DIST:JAMAKHANDI.
...PETITIONER
(BY SRI. D.B. KARIGAR, ADV.)
AND:
THE STATE OF KARNATAKA
BY P S I, RURAL P S, JAMAKHANDI, REP
BY ITS S P P, HIGH COURT DHARWAD.
...RESPONDENT
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS FROM THE TRIAL COURT AND TO SET ASIDE IMPUGNED
ORDER OF DISMISSAL OF THE APPEAL PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
AT JAMAKHANDI, IN ITS CRIMINAL APPEAL NO. 36/2016 ON
02.06.2017 & THEREBY CONFIRMED THE ORDER OF PRINCIPAL SR.
CIVIL JUDGE & J M F C, JAMAKHANDI, IN ITS CRIMINAL CASE NO.
33/2013 DATED 30.09.2014, VIDE ANNEXURE-A.
IN CRIMINAL REVISION PETITION NO. 100156 OF 2017
BETWEEN:
SHRI. RAMZAN S/O HUSEIN SHAIKH,
AGE: 24 YEARS, OCC: COOLIE,
R/O: JANATA PLOT, MUDHOL ROAD,
DIST:JAMAKHANDI.
...PETITIONER
(BY SRI. D.B. KARIGAR, ADV.)
AND:
THE STATE OF KARNATAKA
BY P S I, RURAL P S, JAMAKHANDI,
BY ITS S P P.
...RESPONDENT
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS FROM THE TRIAL COURT AND TO SET ASIDE IMPUGNED
ORDER OF DISMISSAL OF THE APPEAL PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING
AT JAMAKHANDI, IN ITS CRIMINAL APPEAL NO. 37/2016 ON
02.06.2017 & THEREBY CONFIRMED THE ORDER OF PRINCIPAL SR.
CIVIL JUDGE & J M F C, JAMAKHANDI, IN ITS CRIMINAL CASE NO.
35/2013 DATED 30.09.2014, VIDE ANNEXURE-A.
- 10 -
CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
IN CRIMINAL REVISION PETITION NO. 100157 OF 2017
BETWEEN:
SHRI. RAMZAN S/O HUSEIN SHAIKH,
AGE: 24 YEARS, OCC: COOLIE,
R/O: JANATA PLOT, MUDHOL ROAD,
DIST:JAMAKHANDI.
...PETITIONER
(BY SRI. D.B. KARIGAR, ADV.)
AND:
THE STATE OF KARNATAKA
BY P S I, RURAL P S, JAMAKHANDI, REP
BY ITS S P P, HIGH COURT OF KARNATAKA,
DHARWAD.
...RESPONDENT
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS FROM THE TRIAL COURT AND TO SET ASIDE IMPUGNED
ORDER OF DISMISSAL OF THE APPEAL PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING
AT JAMAKHANDI, IN ITS CRIMINAL APPEAL NO. 32/2016 ON
02.06.2017 & THEREBY CONFIRMED THE ORDER OF PRINCIPAL SR.
CIVIL JUDGE & J M F C, JAMAKHANDI, IN ITS CRIMINAL CASE NO.
36/2013 DATED 30.09.2014, VIDE ANNEXURE-A.
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
IN CRIMINAL REVISION PETITION NO. 100158 OF 2017
BETWEEN:
SHRI. RAMZAN S/O HUSEIN SHAIKH,
AGE: 24 YEARS, OCC: COOLIE,
R/O: JANATA PLOT, MUDHOL ROAD,
DIST:JAMAKHANDI.
...PETITIONER
(BY SRI. D.B. KARIGAR, ADV.)
AND:
THE STATE OF KARNATAKA
BY P S I, RURAL P S, JAMAKHANDI, REP
BY ITS S P P, HIGH COURT DHARWAD,
...RESPONDENT
(BY SRI. PRAVEEN UPPAR, HCGP)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR
RECORDS FROM THE TRIAL COURT AND TO SET ASIDE IMPUGNED
ORDER OF DISMISSAL OF THE APPEAL PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, SITTING
AT JAMAKHANDI, IN ITS CRIMINAL APPEAL NO. 33/2016 ON
02.06.2017 & THEREBY CONFIRMED THE ORDER OF PRINCIPAL SR.
CIVIL JUDGE & J M F C, JAMAKHANDI, IN ITS CRIMINAL CASE NO.
38/2013 DATED 07.10.2014, VIDE ANNEXURE-A.
THESE CRIMINAL REVISION PETITIONS COMING ON FOR
FURTHER HEARING AND THE SAME HAVING BEEN HEARD AND
RESERVED FOR ORDER ON 28.06.2023, THIS DAY, THE COURT,
MADE THE FOLLOWING:
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
ORDER
Revision petitioners/accused in respective revision
petitions feeling aggrieved by judgment of first appellate Court
on the file of I Additional District and Sessions Judge, Bagalkot,
sitting at Jamakhandi, preferred these revision petitions in the
chart shown below:
Revision
Sl. Date of Criminal Date of
C.C.Nos petition
No judgment appeal judgment
1 35/2013 30.09.2014 70/2014 05.11.2016 100093/2017
2 36/2013 30.09.2014 71/2014 07.11.2016 100094/2017
3 34/2013 30.09.2014 78/2015 09.11.2016 100118/2017
4 33/2013 30.09.2014 79/2015 09.11.2016 100117/2017
5 33/2013 30.09.2014 36/2016 02.06.2017 100155/2017
6 35/2013 30.09.2014 37/2016 02.06.2017 100156/2017
7 35/2013 30.09.2014 82/2015 09.11.2016 100119/2017
8 36/2013 30.09.2014 81/2015 09.11.2016 100120/2017
9 36/2013 30.09.2014 32/2016 02.06.2017 100157/2017
10 38/2013 07.10.2014 84/2015 09.11.2016 100122/2017
11 38/2013 07.10.2014 33/2016 02.06.2017 100158/2017
12 37/2013 07.10.2014 85/2015 09.11.2016 100121/2017
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
2. Parties to the revision petitions are referred with
their ranks as assigned in the trial Court for the sake of
convenience.
3. The factual matrix leading to the case of
prosecution in all these cases can be stated in nutshell to the
effect that accused Nos.1 to 3 while proceeding on motorcycle
bearing No.KA-22-EB-1596 were arrested on 19.07.2013 and
during the course of investigation they have given voluntary
statement as per Exs.P.8 to 13 and 15 to 17. On the basis of
said voluntary statement, recovery was effected and the stolen
articles have been seized at their instance involved in the above
referred cases. The investigating officer on completion of
investigation filed the charge sheet for the offences punishable
under Sections 457, 380 and 411 of IPC.
4. The trial Court after appreciation of evidence placed
on record by the prosecution in each cases referred above,
convicted the accused and imposed sentence as per order of
sentence in the chart shown below:
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
Sl. Name of Accused C.C.Nos. Sentence imposed by trial
No Court
1 A-3 Smt.Rekha P. 35/2013 SI for one year and pay a fine
of Rs.1,000/- IDSI one month
Byadagol for the offence under Section
411 of IPC.
2 A-4 Smt.Rekha P. 36/2013 SI for one year and pay a fine
of Rs.1,000/- IDSI one month
Byadagol for the offence under Section
411 of IPC.
3 A-1 Hussain M 34/2013 SI for three year and fine of
Bepari Rs.2000/- IDSI six month for
the offence under Section 457
of IPC.
SI for two years and fine of
Rs.1,000/- IDSI three months
for the offence under Section
380 of IPC
4 A-1 Hussain M 33/2013 SI for three year and fine of
Rs.2000/- IDSI six month for
Bepari the offence under Section 457
of IPC.
SI for two years and fine of
Rs.1,000/- IDSI three months
for the offence under Section
380 of IPC.
5 A-2 Ramzan H 33/2013 SI for three year and fine of
Rs.2000/- IDSI six month for
Shaikh the offence under Section 457
of IPC.
SI for two years and fine of
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
Rs.1,000/- IDSI three months
for the offence under Section
380 of IPC.
6 A-2 Ramzan H 35/2013 SI for three year and fine of
Rs.2000/- IDSI six month for
Shaikh the offence under Section 457
of IPC.
SI for two years and fine of
Rs.1,000/- IDSI three months
for the offence under Section
380 of IPC.
7 A-1 Hussain M 35/2013 SI for three year and fine of
Rs.2000/- IDSI six month for
Bapari the offence under Section 457
of IPC.
SI for two years and fine of
Rs.1,000/- IDSI three months
for the offence under Section
380 of IPC.
8 A-1 Hussain M 36/2013 SI for three year and fine of
Rs.2000/- IDSI six month for
Bepari the offence under Section 457
of IPC.
SI for two years and fine of
Rs.1,000/- IDSI three months
for the offence under Section
380 of IPC.
9 A-2 Ramzan H 36/2013 SI for three year and fine of
Rs.2000/- IDSI six month for
Shaikh the offence under Section 457
of IPC.
SI for two years and fine of
Rs.1,000/- IDSI three months
for the offence under Section
- 16 -
CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
380 of IPC.
10 A-1 Hussain M 38/2013 SI for three year and fine of
Rs.2000/- IDSI six month for
Bepari the offence under Section 457
of IPC.
SI for two years and fine of
Rs.1,000/- IDSI three months
for the offence under Section
380 of IPC.
11 A-2 Ramzan H 38/2013 SI for three year and fine of
Rs.2000/- IDSI six month for
Shaikh the offence under Section 457
of IPC.
SI for two years and fine of
Rs.1,000/- IDSI three months
for the offence under Section
380 of IPC.
12 A-1 Hussain M 37/2013 SI for three year and fine of
Rs.2000/- IDSI six month for
Bepari the offence under Section 457
of IPC.
SI for two years and fine of
Rs.1,000/- IDSI three months
for the offence under Section
380 of IPC.
5. Respective accused as referred in the above chart
feeling aggrieved by the judgment of conviction and order of
sentence preferred appeal before the first appellate Court on
the file of I Additional District and Sessions Judge, Bagalkot,
sitting at Jamkhandi. The first appellate Court on re-
- 17 -
CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
appreciation of evidence on record dismissed all the appeals by
judgment as referred above in the chart and confirmed the
judgment of conviction and order of sentence as imposed by
trial Court.
6. Revision petitioners/respective accused as referred
above in the chart challenged the concurrent findings of both
the Courts below contending that the recovery of stolen articles
has not been proved by the prosecution. The Courts below have
not properly appreciated the evidence on record. The Courts
below would have given benefit under Section 427 of Cr.P.C by
ordering sentence of imprisonment to run concurrently.
Otherwise, most part of the youth of accused will be spent in
Jail to suffer the sentence. The approach and appreciation of
evidence on record by both Courts below are contrary to law
and evidence on record. Therefore, prayed for allowing all the
revision petitions and to set-aside the judgment of both the
Courts below. Consequently, to acquit accused from the
charges leveled against them.
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
7. In response to notice in all the revision petitions,
respondent appeared through learned High Court Government
Pleader.
8. Heard the arguments of both sides.
9. On careful perusal of oral and documentary
evidence placed on record by prosecution, it would go to show
that on the strength of complaint filed by respective
complainant different cases have been registered in the chart
referred above. Accused Nos.1 to 3 while they were proceeding
on motorcycle bearing No.KA-22/EB-1596 they were
apprehended and brought to the police station. Accused Nos.1
to 3 during course of investigation have given voluntary
statement as per Exs.P.8 to 13 and 15 to 17. At the instance of
accused Nos.1 to 3 stolen properties have been recovered
under the panchanama. Accused Nos.3 and 4 at serial Nos.1
and 2 as shown in chart referred above have been convicted for
receiving stolen property from accused Nos.1 and 2 knowing it
to be stolen properties for the offence under Section 411 of
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
IPC. Whereas Accused Nos.1 and 2 at serial Nos. 3 to 12 in the
chart shown above have been convicted for the offences
punishable under Sections 457 and 380 of IPC.
10. On going through the records of trial Court, it would
go to show that the Courts below have recorded concurrent
finding in holding that the stolen properties involved in the
above referred cases have been recovered under the
panchanama at the instance of accused Nos.1 and 2 on the
basis on voluntary statement Exs.P.8 to 13 and 15 to 17. The
evidence of complainant and recovery panch witness and so
also the evidence of investigating officer has been rightly
appreciated and justified in holding that prosecution has proved
the recovery of stolen article at the instance of accused Nos.1
and 2, further, accused shown at serial Nos.1 and 2 in the chart
referred above received the stolen properties from accused
Nos.1 and 2 knowing it to be stolen property. Learned counsel
for revision petitioners were unable to show or demonstrate
any valid reasons to discredit the evidence of prosecution
witnesses in proof of incident of theft and recovery of stolen
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
properties at the instance of accused Nos.1 and 2 from accused
shown at serial Nos.1 and 2 in the above chart.
11. Learned counsel for revision petitioners in each case
argued that the Courts below should have ordered sentence to
run concurrently by extending the benefit in terms of Section
427 of Cr.P.C. Otherwise, the entire youth of accused will be
spent in the Jail itself. Learned High Court Government Pleader
opposed the said submission by contending that the cases are
registered based on the complaint filed by complainant in
respective cases and under different crime numbers, so also
the accused were not in custody in respective cases. Therefore,
benefit of Section 427 Cr.P.C cannot be extended.
12. In order to better appreciate the rival contentions
referred above, it would be profitable to re-produce Section 427
of Cr.P.C for ready reference which reads as under:
"Section 427- Sentence on offender already
sentenced for another offence-(1) When a
person already undergoing a sentence of
imprisonment is sentenced on subsequent
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
conviction to imprisonment or imprisonment for
life, such imprisonment or imprisonment for life
shall commence as the expiration of the
imprisonment to which he has been previously
sentenced, unless the Court directs that the
subsequently sentence shall run concurrently
with previous sentence:
Provided that where a person who has
been sentenced to imprisonment by an
order under Section 122 in default of
furnishing security is, whilst undergoing
such sentence, sentence to
imprisonment for an offence committed
prior to the making of such order, the
latter sentence shall commence
immediately.
(2) when a person already undergoing a
sentence of imprisonment of life is sentenced on
subsequent conviction to imprisonment for term
or imprisonment for life, the subsequent
sentence shall run concurrently with such
previous sentence."
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
On plain reading of said proviso, it is evident that order
regarding sentence to run concurrently with such previous
sentence is purely discretion of Court.
13. Learned High Court Government Pleader relied on
the judgment of Hon'ble Apex Court in MOHD. AKHTAR
HUSSAIN ALIAS IBRAHIM AHMED BHATTI reported in
(1988) 4 SCC 183, wherein it has been observed and held
that where second offence is distinct and different from the first
one, the subsequent sentence should normally run
consecutively. Learned High Court Government Pleader also
relied another Apex Court judgment in State of STATE OF
MAHARASTRA AND ANOTHER VS. NAJAKAT ALIA
MUBARAK ALI reported in (2001) 6 SCC 311, wherein the
Hon'ble Apex Court was considering the extending of benefit in
terms of Section 428 of Cr.P.C and by majority judgment it has
been held that benefit of set off can be extended for the period
in detention in the same case. On the same principle reliance is
also placed on another judgment of Hon'ble Apex Court in
ATUL MANUBHAI PAREKH VS CENTRAL BUREAU OF
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
INVESTIGATION, wherein the Hon'ble Apex Court while
distinguishing situations dealt with Section 427 and 428 of
Cr.P.C held in para in 20 of judgment as under:
"The facts on which the decision was
rendered in NAJAKAT ALIA MUBARAK ALI's case
are distinguishable from the facts of this case. In
the said case, the convict was undergoing
imprisonment in two cases in which he had been
convicted and he claimed that he was entitled to
a set off in respect of both cases. This court
drawing inspiration from Section 427 on the
concurrent running of sentences, held that the
petitioner was entitled to set off in both cases in
view of doctrine of merger of sentences when
directed to run concurrently in a particular case
where conviction is on many counts."
In view of the principles enunciated in this decision, the
benefit of extending Section 428 in NAJAKAT ALIA's case
based on doctrine of merger of sentence in the facts of the said
case has no application to other cases.
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
14. It is also profitable to refer the subsequent
judgment of Hon'ble Apex Court IN V.K.BANSAL VS. STATE
OF HARIYAN AND OTHERS reported in (2013) 7 SCC 211,
while considering the effect of Section 427 (1) of Cr.P.C. has
held as under:
"Section 427(1) Cr.P.C- Discretion of Court to direct
sentences to run concurrently- when should be
exercised- Court should exercised discretion judicially
and not mechanically in each case, having regard to
nature of offence and particular fact situation - No
straitjacket approach can be laid down - However,
only substantive sentences can be directed to run
concurrently and sentences awarded in default of
payment of fine/compensation cannot be directed to
run concurrently.
"Single transaction rule- Where there was
single transaction constituting offences,
even if different complaint were filed in
relation thereto, sentences can be directed
to run concurrently."
In view of the principles enunciated in this decision of
Hon'ble Apex Court to apply single transaction rule, it must be
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CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
demonstrated before the Court that the offences are arising out
of the single transaction then only benefit of sentence to run
concurrently in terms of Section 427(1) can be extended. In
the present case, on the basis of different complaint filed by the
complainant with regard to the theft incident at different point
of time, the aforementioned offences were alleged against
accused and sentence in each case for different cases are
ordered. The sentences in each case are ordered to run
concurrently. The rule of single transaction being not involved
in the present cases, the benefit of sentence to run
concurrently in terms of Section 427(1) of Cr.P.C cannot be
extended. Therefore, in view of the reasons stated above, the
contention of revision petitioner in each case that accused are
entitled to benefit of Section 427(1) of Cr.P.C for ordering to
run sentence concurrently cannot be legally sustained.
15. Now coming to the question of imposition of
sentence. The trial Court has sentenced to undergo simple
imprisonment for a period of one year and fine of Rs.1,000/-
IDSI for one month for the offence under Section 411 of IPC to
- 26 -
CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
accused Nos.3 and 4 shown at serial Nos.1 and 2 in the chart
referred above. The imposition of sentence and fine cannot be
termed as unreasonable and same is required to be
maintained. Insofar as accused Nos.1 and 2 shown at serial
Nos.3 to 12 they are sentenced to undergo simple
imprisonment for three years and pay a fine of Rs.2,000/- IDSI
six months for the offences under Section 457 of IPC. They are
further sentenced to undergo simple imprisonment for two
years and fine of Rs.1,000/- IDSI for three months. Looking to
the facts and circumstances of the case and nature of evidence
placed on record by the prosecution, in my opinion the
imposition of sentence of imprisonment for both offences under
Sections 457 and 380 of IPC is on higher side. In view of the
evidence on record, coupled with facts and circumstances of the
case, if the accused Nos.1 and 2 shown at serial Nos.3 to 12 in
the chart referred above are sentenced to undergo simple
imprisonment for a period of two years for the offence under
Section 457 of IPC, further to undergo simple imprisonment for
one year for the offence under Section 380 of IPC is ordered by
- 27 -
CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
maintaining the fine amount and default sentence reduced to
three months and two months respectively is ordered will meet
the ends of justice. Therefore, only to the extent of modification
of sentence, the interference of this Court is warranted.
Consequently, proceed to pass the following:
ORDER
The revision petition filed by revision petitioners/accused
are hereby partly allowed.
The judgment passed by the First Appellate Court on the
file of I Additional District and Sessions Judge, Bagalkot, sitting
at Jamkhandi, which confirmed the judgment of trial court on
the file of Principle Senior Civil and JMFC, Jamakhandi, dated
30.09.2014 as referred above is ordered to be modified as
under:
Sl. Name of Accused C.C.Nos. Modified sentence imposed by
No this Court
1 A-3 Smt.Rekha P. 35/2013 SI for one year and pay a fine
of Rs.1,000/- IDSI one month
Byadagol for the offence under Section
411 of IPC.
- 28 -
CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
2 A-4 Smt.Rekha P. 36/2013 SI for one year and pay a fine
of Rs.1,000/- IDSI one month
Byadagol for the offence under Section
411 of IPC.
3 A-1 Hussain M 34/2013 SI for two year and fine of
Bepari Rs.2000/- IDSI three month for
the offence under Section 457
of IPC.
SI for one years and fine of
Rs.1,000/- IDSI two months
for the offence under Section
380 of IPC.
4 A-1 Hussain M 33/2013 SI for two year and fine of
Rs.2000/- IDSI three month for
Bepari the offence under Section 457
of IPC.
SI for one years and fine of
Rs.1,000/- IDSI two months
for the offence under Section
380 of IPC
5 A-2 Ramzan H 33/2013 SI for two year and fine of
Rs.2000/- IDSI three month for
Shaikh the offence under Section 457
of IPC.
SI for one years and fine of
Rs.1,000/- IDSI two months
for the offence under Section
380 of IPC.
6 A-2 Ramzan H 35/2013 SI for three year and fine of
Rs.2000/- IDSI six month for
Shaikh the offence under Section 457
of IPC.
SI for two years and fine of
- 29 -
CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
Rs.1,000/- IDSI three months
for the offence under Section
380 of IPC.
7 A-1 Hussain M 35/2013 SI for two year and fine of
Rs.2000/- IDSI three month for
Bapari the offence under Section 457
of IPC.
SI for one years and fine of
Rs.1,000/- IDSI two months
for the offence under Section
380 of IPC.
8 A-1 Hussain M 36/2013 SI for two year and fine of
Rs.2000/- IDSI three month for
Bepari the offence under Section 457
of IPC.
SI for one years and fine of
Rs.1,000/- IDSI two months
for the offence under Section
380 of IPC.
9 A-2 Ramzan H 36/2013 SI for two year and fine of
Rs.2000/- IDSI three month for
Shaikh the offence under Section 457
of IPC.
SI for one years and fine of
Rs.1,000/- IDSI two months
for the offence under Section
380 of IPC.
10 A-1 Hussain M 38/2013 SI for two year and fine of
Rs.2000/- IDSI three month for
Bepari the offence under Section 457
of IPC.
SI for one years and fine of
Rs.1,000/- IDSI two months
for the offence under Section
- 30 -
CRL.RP No. 100094 of 2017
C/W CRL.RP NO. 100093/2017, CRL.RP NO. 100117/2017
CRL.RP NO. 100118/2017, CRL.RP NO. 100119/2017,
CRL.RP NO. 100120/2017, CRL.RP NO. 100121/2017,
CRL.RP NO. 100122/2017, CRL.RP NO. 100155/2017,
CRL.RP NO. 100156/2017, CRL.RP NO. 100157/2017,
CRL.RP NO. 100158/2017
380 of IPC
11 A-2 Ramzan H 38/2013 SI for two year and fine of
Rs.2000/- IDSI three month for
Shaikh the offence under Section 457
of IPC.
SI for one years and fine of
Rs.1,000/- IDSI two months
for the offence under Section
380 of IPC.
12 A-1 Hussain M 37/2013 SI for two year and fine of
Rs.2000/- IDSI three month for
Bepari the offence under Section 457
of IPC.
SI for one years and fine of
Rs.1,000/- IDSI two months
for the offence under Section
380 of IPC.
Modified sentences in each case are ordered to run
concurrently.
Office is directed to transmit the Trial Court records along
with copy of this order.
(Sd/-)
JUDGE
AC
