Arali Nagaraj, J : Criminal Revision Petition No. 462/2005 and Criminal Appeal No. 1665/2004, both have arisen from the same Judgment and Order dated 25/11/2004 passed in Sessions Case No. 146/2002 by the learned Presiding Officer, Fast Track Court-I, Belgaum (hereinafter referred to as Trial Court for short). Therefore they are disposed of by this common judgment.

2. Criminal Revision Petition No. 462/2005 is filed by the complainant in the said case seeking enhancement of sentence imposed by the Trial Court on accused No.1 to 6 therein. Criminal Appeal No. 1665/2004 is filed by accused Nos. 1 to 6 in the said case challenging the legality and correctness of the impugned Judgment and Order convicting them for the offence U/Sec. 395 of IPC.

3. Heard the arguments of Sri. M.V. Devaraju, the learned Counsel for the accused-appellant Nos. 1 to 6 in Crl. A. No. 1665/2004 and respondents in the said Criminal Revision Petition. Sri. Mallikarjun S. Masali, the learned Counsel for revision petitioner-complainant in Crl. R.P. No. 462/2005 and respondents in the said appeal. Also heard the arguments of Sri. P.H. Gotkhindi, the learned HCGP representing the respondent State in the revision petition and also in the appeal. Perused the entire original records obtained from the Trial Court.

4) Stated in brief the case of the complainant as alleged in his complaint (Ex.P.8) dated 13/7/1995 filed U/Sec. 200 of Cr.P.C. Is as under:

a) The complainant has been the registered owner of the Lorry bearing No. KA-2/342 which was purchased by him by availing loan of n,94,000/- from The Urban Co-operative Bank, Khanapur, under an Agreement of Hypothecation. Accused No. 1 has been its Chairman, accused No.2 to 4 have been the Directors, accused No.5 has been the Manager, of the said bank.

b) Some of the Directors of the said bank, along with other persons, had illegally locked the cabin of the said Lorry in the month of September 1994 so that it could not be used by the complainant. Therefore the complainant had filed his Private Complaint No. 53/1994 in the Court of JMFC, Khanapur, on the basis of which Crime No. 9/1995 of Khanapur P.S. came to be registered. Thereafter the said Lorry was released in favour of the complainant by the said Court. The complainant unlocked the said vehicle, after obtaining an order dated 6/5/1995 from the said Court.

c) in the meantime the said bank filed a petition U/Sec. 70 of Karnataka Co-operative Societies Act against the complainant.

The Assistant Registrar, Co-operative Societies, Belgaum, dismissed the said petition of the bank order dated 26/5/1995 passed in ABN. 1587/94-95.

d) On 6/7/1995 at about 04-00 p.m. accused Nos. 1 to 5, with the help and assistance of accused No.6 PSI, came to the residence of the complainant as Lokuli village in Khanapur tal uk, illegally trespassed into the said house in the absence of the complainant.

The, complainant's wife (PW.2 Smt. Kiran) was present in the house at that time and no other male member was present there.

e) After committing the trespass into the house of the complainant, the accused No.1 abused the complainant's wife saying: 'Hi Gadi nimma mani mund heng nindrutte nodtivi, halkat bosadi magana'. The accused Nos. 2 to 6 threatened the complainant's wife with dire consequences and compelled her to give them the keys of the said Lorry. Since the said accused put her in constant fear coercing her, she handed over them the keys of the said Lorry and then the accused took the said Lorry by towing it to another vehicle bearing No. MEL-5189. All the said accused had come to the residence of the complainant in two Cars bearing registration Nos. KA-22/1174 and MEH-4545.

D The complainant came to know of the above said fact through his wife after he returned to his village on 7/7/1995. Then he brought the said incident to the notice of the Superindentdent of Police, Belgaum; since the police of Khanapur P.S. refused to entertain the complaint of the complainant in respect of the