Daijiworld Media Network – Mangaluru
Mangaluru, Aug 29: A man who was acquitted by a lower court in connection with a theft at a daivasthana and bhandara house in Kanantoor village of Balepuni in Bantwal taluk has now been sentenced to 10 years of rigorous imprisonment and fined Rs 60,000 by the Additional District and Sessions Court, FTSC-1 Fast Track Court, Mangaluru.
The convict has been identified as Abdul Basheer alias Kalla Basheer (36), of Kallapu Kattepuni, Hale Mane, Ullal.
On February 27, 2009, at around 1.30 am, the accused allegedly broke open the lock of the Sri Kshetra Thodakukkinar Daivasthana at Kanantoor using an iron lever and entered the premises. He stole cash kept in the hundi.
He then broke open the lock of the bhandara house adjacent to the daivasthana and entered it. He subsequently broke open the lock of the door of the deity room inside and stole 100 grams of gold valued at Rs 1.20 lac; two kiruwals (swords) containing 120 grams of silver; an iron arrow weighing 145 grams with a gold covering; a silver kalasha weighing 260 grams and valued at around Rs 7,000; a silver satte (silver flower) of a Shiva idol weighing 250 grams and valued at Rs 6,000; a silver satte of a Durgalaya idol weighing 75 grams and valued at Rs 2,000; and Rs 2,000 in cash from the hundi.
The stolen articles were subsequently sold to the second accused, who allegedly received them despite knowing that they were stolen property.
A case was registered at the Konaje police station in this connection. The investigating officer submitted the chargesheet before the court.
The case was tried before the Additional Civil Judge and First Class Magistrate Court at Bantwal, which acquitted the accused.
The prosecution challenged the acquittal order by filing an appeal, which came up for hearing before the Additional District and Sessions Court, FTSC-1 Fast Track Court, Mangaluru.
After hearing the arguments and counterarguments of the prosecution and the accused, the court concluded that the offence against the accused had been proved and set aside the trial court's judgment.
On August 28, Judge Mohan J S sentenced Abdul Basheer alias Kalla Basheer to 10 years of rigorous imprisonment and a fine of Rs 20,000 under Section 457 of the Indian Penal Code (IPC), and seven years of rigorous imprisonment and a fine of Rs 10,000 under Section 380 of the IPC.
The accused had also committed similar offences within the jurisdiction of the Ullal police station and had been convicted in two cases. He committed the present theft after serving his sentence in those cases. Hence, under Section 75 of the IPC, the court sentenced him to a further 10 years of rigorous imprisonment and imposed a fine of Rs 30,000.
The second accused in the case has died.
Government prosecutor K Badarinath Nairi represented the prosecution before the appellate court.