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2008 Supreme(SC) 1246

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Ganesh – Appellant
Versus
State of Karnataka – Respondent


Judgment

Dr. Arijit Pasayat, J. —

1.These appeals are interlinked and therefore they are disposed of by this common Judgment.

2.The High Court by its Judgment dated 24th August, 2005 disposed of three appeals. Criminal Appeal 394 of 2001 was filed by the State of Karnataka questioning acquittal of the accused persons for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’). The other appeals were filed by the accused persons who were convicted for offences punishable under Sections 143, 148, 504 read with Section 149, Section 324 read with Section 149 IPC, Section 326 read with Section 149 and Section 307 read with Section 149 IPC. In all 25 persons faced trial. However, the trial Court found only 6 of the accused persons to be guilty and therefore they filed appeals which were numbered as Criminal Appeal Nos.1344/2000 and 1359/2000. The other appeal was filed by the State as noted above.

3.The High Court acquitted S.Holeyappa (A-1) but held the other five to be guilty of offence punishable under Section 302 read with Section 149 IPC. Accordingly State’s appeal was allowed. The appeals filed by the accused persons were dismi















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