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1994 Supreme(SC) 820

K.JAYACHANDRA REDDY, M.M.PUNCHHI
Shivalingappa Kallayanappa – Appellant
Versus
State of Karnataka – Respondent


Advocates:
M.VIRAPPA, P.R.RAMASESHESH.S.PARIHARHAR, S.S.JAVALI

JUDGMENT

K. JAYACHANDRA REDDY, J.:- This is an appeal under S. 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act read with S. 379, Cr. P.C. All the five accused (original accused Nos. 1 to 5) in the case are the appellants. They were tried for offences punishable under Ss. 147, 148, 302/- 149 and 326/ 149, I.P.C. The trial court acquitted them. The State preferred an appeal and the High Court reversed the order of acquittal and convicted the accused for the said offences and sentenced them accordingly. The prosecution case is as follows :

2. Basappa son of Shankarappa Bagewadi and Murigeppa son of Dundappa Bagewadi, the two deceased persons in the case, the accused and the material witnesses are all related to each other. A-1 to A-4 are the residents of village Mattur and A-5 is a resident of village ankanwadi, Jamkhandi Taluk, Bijapur District. A-1 to A-4 are the sons of one Kallayanappa and the two deceased persons were the sons of brother of Kallyanappa. A-5 is a friend and neighbouring cultivator of A-1 to A-4. Kallyanappa and his brothers divided the joint family properties and got separated a long time back except with regard to the land in Survey No. 25. In the












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