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2007 Supreme(SC) 839

C.K.THAKKER, ALTAMAS KABIR
Manjappa – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

C.K. THAKKER, J.—

1.Leave granted.

2.This appeal is directed against judgment and order passed by the High Court of Karantaka at Bangalore on July 20, 2006 in Criminal Revision Petition No. 1188 of 2003.

3.Short facts giving rise to the present appeal are that on or about July 19, 1997 at about 3.15 p.m., appellant-accused had voluntarily caused simple hurt to complainant-Manju Ramayya Shetty in front of Olaga Mantapa of Murdeshwar. The appellant also said to have assaulted the complainant with a stone resulting in grievous injuries to the complainant. Moreover, the appellant-accused intentionally insulted the complainant by abusing him in filthy language thereby giving him provocation knowing full well that such provocation would make the complainant to break public peace or to commit other offences. A complaint was filed on July 20, 1997 and after usual investigation, charge was framed against the accused on November 13, 1998 by the Judicial Magistrate, First Class, Bhatkal for offences punishable under Sections 323, 325 and 504, Indian Penal Code (IPC) in Criminal Case No. 2488 of 1997. The accused pleaded ‘not guilty’ to the charge.

4.The prosecution in support of the case

















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