JUDGMENT

Shivashankar Amarannavar, J. - The appellants are arrayed as accused Nos.2, 4 and 5 in SC.No.364/2011 for the offence punishable under Section 399 of IPC.

2. The learned III Additional Sessions Judge, Belgaum has convicted the accused-appellants for the offence punishable under Section 399 of IPC and sentenced them to undergo rigorous imprisonment for a period of two years and each one should pay a fine of Rs.5,000/-(Five thousand only). In default of payment of fine amount, each one of the accused persons shall undergo rigorous imprisonment for a further period of three months.

3. The brief factual matrix of the case that amid from the records are that on 27.04.2010 PW.1-Mallangouda Malagouda Navalgatti, PSI of Belgaum Rural Police Station received a credible information at about 7 p.m. regarding four to five persons by putting stones across the road trying to stop the vehicles passing on Belgaum-Jamboti road near Kinaye Village nearby Forest in order to commit a dacoity. On receipt of such credible information PW.1- Mallanagouda Malagouda Navalgatti along with PW.2-Maruti Bhimappa Gujanal, ASI and CW.5- M.Y.Karimani, Head Constable, CW.6- S.R.Dodanaikar as well as CW.7-N.