High Court Karnataka High Court

D M Devaraju vs State Of Karnataka … on 24 June, 2008

Karnataka High Court
D M Devaraju vs State Of Karnataka … on 24 June, 2008
Author: R.B.Naik


_aoeuseL_1 on he produced the gold articles sold

accused. P.W.6. Charmabasaveiah is a

V shop of Baeeveewara Jewelers.

, = Mahendra is a jeweler carrying on business
name of Rajalakshmi Bankers and Jewelers. He in

” –his evidence has deposed that the petitioner/accused herein

gone to his shop and on his demand he produced
and gold chain. P.W.3. Channabasappa is a
for mahazar Ex.P.3 for the reeoveifyof .

finger ring. P.W.4 Swamy is a
Ex.P.3 for the recovery of L’

from the shop of one Kotreshi.

5.P.W.5 He in his
evidence has to 9-11—2001 the
petitioner] and had sold a pair
of ear fines aj of Rs.8,000/ – and that

on 9-1 1-2()lG.lL4’the’ to his shop along with the

pai1cfi..sa*iei*1eSé3__I”er'{he seizure of the gold ornaments from the

had sold a Mangalya chain weighing about 30 to 39 mains
r€.Q2-vx.u.:.,;,:__M

(Jourt is harsh and excessive and the same _re_q:1ires

interference. Hence, the following:

The revision petition is patfly a}io.\?.7ed;._’ ‘~Tj1’1e’ “o’1*dei’fjof .

conviction and sentence for aoffenees under?’

Section 454 and 380 {PC ” ~ T. ifffhei sentence
imposed is set aside .1ie_t’1f{–t11e”” is sentenced
to R1 for a of I $3.3! _a fine of Rs.

2,ooo,/- in ace-.é_:1: tar oeriod of 15 days for

an offence..p2_1:iie»hai3}e.. Seetiorr 454 IPC and further R1

for six months ‘pishishable under Section 380

IPC. The zeentenees are ordered to run

~’eoneu_rrenfIy. The”‘im§n:isonment if any, undergone is given

‘Set’ as under Section 428 of Cr.P.(3.

Sde/lg
Iudgmé”

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