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2007 Supreme(SC) 1212

B.N.AGARWAL, P.P.NAOLEKAR
MALLANNA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Judgment

B.N. AGRAWAL, J.- Sixteen accused persons were tried and by f judgment rendered by the trial court all of them were acquitted of the charge under Sections 302 and 149 of the Penal Code (IPC, for short). Against the order of acquittal the State of Karnataka filed an appeal before the High Court, during the pendency of which, Basavara Jappagouda (A-4), who was Respondent 4 in that appeal, died, as such the appeal in relation to him abated.

2. The High Court considered cases of the remaining fifteen accused persons and out of them confirmed the order of acquittal in relation to Mallinathreddy (A-8), Basureddappa (A-10), Channareddy (A-11), Sanna Chennareddy (A-12). So far as the remaining eleven accused persons viz. Mallanna (A-1), Lalesa (A-2), Bhimangouda (A-3), Mahboobsab (A-5), Buddesab (A-6), Khasimsa (A-7), Appasab (A-9), Sharnappa (A-l3), h Bapugouda (A-14), Chandappa (A-15) and Rajashekhar (A-16) are concerned, the High Court reversed the order of acquittal and convicted them under Sections 302/149 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs 10,000 each.

3. Before this Court the aforesaid eleven convicted accused persons preferred app






























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