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2006 Supreme(SC) 997

S.B.SINHA, DALVEER BHANDARI
Samghaji Hariba Patil – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

S.B. Sinha, J.—This appeal under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 arises out of a judgment and order dated 16th September, 2005 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.936 of 1999 whereby and whereunder an appeal preferred by the State of Karnataka against a judgment and order of acquittal passed by the trial court was allowed.

2. Appellant herein along with three others was accused of commission of an offence punishable under Sections 302, 307, 504 read with Section 34 of the Indian Penal Code (for short, IPC). They were acquitted by the learned Trial Judge. On an appeal preferred by the State of Karnakata, the High Court set aside the said judgment and order, convicting the appellant herein for commission of an offence under Section 302 IPC. The High Court has further held all the accused to be guilty of commission of an offence under Section 307 IPC for causing injuries to P.W.2-Bhaganna. The accused Nos. 1 to 3 were also convicted for an offence punishable under Section 307 IPC for causing injuries to P.W.3, as also for causing injury to P.W.4. No separate sentence, however, was awa




















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