- (1.)This petition is filed by the petitioner/accused under Section 397(1) read with Section 401 of the Code of Criminal Procedure being aggrieved by the judgment and order of conviction passed by the Trial Court dated 13.08.2008 passed in C.C. No.341/2006 on the file of the Civil Judge (Jr. Dn.) & JMFC at Huvinahadagali, which was confirmed by the Appellate Court in Criminal Appeal No.148/2008 dated 31.03.2010 passed by the Fast Track Court-III, Hospet, dismissing the appeal confirming the judgment and order of conviction passed by the trial Court.
(2.)The brief facts of the prosecution case, as per the complaint averments made before the Trial Court, are that the petitioner herein made the complaint to believe that petitioner wanted to start a Mahila Sangha and assured the complainant to nominate her as a second representative of the Sangha and also assured to secure government service to the complainant through said sangha. Accordingly the accused started Mahila Sangha in the name of Goni Basaveswara Swasahaya Mahila Sangha. The complainant and her mother invested sum of Rs.500/- each in the said society. Further the accused assured others to invest money and get Rs.5,000/- from them for providing suitable job and also assured to get Godrej Almiarah worth Rs.1,800/- investing sum of Rs.65/-. On the basis of the said assurances made by the petitioner/accused, complainant, her mother and other persons invested their money, but the accused did not return the money nor got them godrej almiarah and thereby cheated the complainant and others and committed the offence punishable under Section 420 of IPC. Before the Trial Court, 44 witnesses were examined as P.Ws.1 to 44 and the documents Exs.P.1 to P.58 were got marked on the side of the prosecution. On the basis of the said material, the Trial Court ultimately convicted the accused for the offence under Section 420 of IPC. Being aggrieved by the same, the accused preferred an appeal before the first Appellate Court in Crl. A. No.148/2008. The first Appellate Court after re-appreciating the materials dismissed the appeal confirming the judgment and order of conviction passed by the Trial Court. Being aggrieved by the same, the accused/petitioner is before this Court in this revision petition.
(3.)Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned Government Pleader for the respondent-State.