The court upheld the conviction for dacoity based on substantial evidence establishing guilt, emphasizing the integrity of witness testimonies and conformity with legal standards.

JUDGMENT :

V. SRISHANANDA, J.

1. Heard learned counsels Sri Shivanand V. Pattanashetti and Sri Sanjay Sanjay A. Patil for the petitioners and learned High Court Government Pleader Sri Jamadar Shahabuddin for the respondent-State.

2. These two appeals arise out of the common judgment dated 23.05.2018 passed by the I Additional Sessions Judge, Vijayapura, (for short ‘Trial Court’), in S.C.No.30/2013 and S.C. No.149/2016, whereby, the appellants are convicted for the offences punishable under Section 395 read with Section 397 of IPC and accused No.1 - Umesh, who is appellant No.1 in Crl.A. No.200115/2018 for the offence under Section 25(1A) of the Indian ARMS ACT and ordered to undergo Rigorous Imprisonment of 7 years for the offence under Section 395 read with Section 397 of IPC and ordered to pay fine of Rs.20,000/- each with default sentence; Further, in addition to above, accused No.1 was ordered to undergo 5 years Rigorous Imprisonment and to pay fine of Rs.20,000/- for the offence under Section 25(1A) of the Indian ARMS ACT with default sentence.

3. Facts in the nutshell for the disposal of these two appeals are as under:

A complaint came to be lodged contending that in the intervening night of 03.07.2009 between 12.30 a.m. to 01.00 p.m., in the farmhouse belonging to the complainant-Sayabanna Madar, situated at Gundawana Village within the limits of Jalaki Police Station, accused Nos.1, 2 and 4 along with accused No.3 (who died subsequently), committed the dacoity in the farmhouse and valuable properties belonging to the complainant, namely; Nokia mobile telephone handset, gold Tali-chain, gold Boramala-chain belonging to the wife of the complainant Neelawwa and cash of Rs.10,000/-.

3.1 Thereafter, on the same day, all the accused persons went to another hut situated in the field belonging to Yallappa Bhutali (CW7), committed the dacoity of gold Tali-chain and two gold Boramala-chains belonging to CW8 to 10, namely; Parvati, Savitri and Jayashree.

3.2 It is also alleged that accused No.1 was holding a country pistol and under the gun point, the dacoity has been committed.

3.3 It is further alleged that accused persons assaulted the complainant and CW7 to CW11 with iron patty on their hands and in the process of dacoity, they have injured the complainant and other witnesses and thereby they have committed the offence under Section 3 95 read with Section 3 97 of India Penal Code and accused No.1 has committed the offence under Section 25(1A) of Indian ARMS ACT . After registering the case, the Jalaki Police have thoroughly investigated the matter and filed the charge-sheet.

3.4 The case was committed to the Sessions Court and during the pendency of S.C. No.30/2013, accused Nos.1 and 2 got absconded themselves. Therefore, the case was split up against them and later on when they were traced, split up charge-sheet came to be filed and S.C. No.149/2016 was registered and proceeded.

3.5 Learned Trial Judge after securing the presence of accused conducted the detail trial and passed the judgment convicting the accused persons as aforesaid and sentenced as referred to supra.

4. Being aggrieved by the same, accused Nos.1 and 2 have filed the Crl.A. No.200115/2018 and accused No.4 has filed Crl.A. No.200067/2018.

5. The State did not choose to file any appeal against the order of acquittal passed by the learned Sessions Judge acqu