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2025 Supreme(Online)(KAR) 1243

HIGH COURT OF KARNATAKA
H.P.SANDESH, J
ILIYAS – Appellant
Versus
THE STATE OF KARNATAKA BY – Respondent


Petitioner Advocates:RAVINDRA B DESHPANDE ,Respondent Advocate:

ORAL ORDER

This petition is filed challenging the judgment of conviction and sentence dated 18.01.2013 passed in C.C.No.808/2005 by the Trial Court and the judgment dated 21.12.2015 passed in Crl.A.No.17/2013 by the First Appellate Court.

2. Heard the learned counsel appearing for the respective parties.

3. The factual matrix of the case of the prosecution is that on 02.11.1997 during night hours accused No.1 with accused No.2 and 3 with the help of accused No.5 broken the lock of property room of Munsiff and JMFC Court, Hosanagar and stolen sandalwood worth of Rs.44,400/-. The complainant is the sheristedar of Hosanagar Court. Police have seized 7 kg 400 grms of sandalwood which was sold to accused No.2 and scooter number KA17-E-1326 used for transportation and 11 kg 800 grms of sandalwood kept in Sorab for sale and 541 kg 800 grms of sandalwood kept in Mavinahole forest on the basis of voluntary statements of accused. Accused No.4 is a receiver of stolen articles and thereby committed an offence.

4. In order to prove the charges leveled against the accused persons, the prosecution examined 18 witnesses as PW1 to PW18 and got marked the documents at Ex.P1 to P16 and also seized MO1 to

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