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2008 Supreme(SC) 1621

C.K.THAKKER, D.K.JAIN
Manjunath Ganesh Hegde – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

C.K. Thakker, J. —

1. This appeal is filed by the appellant-accused against the order of conviction recorded by the High Court of Karnataka on February 06, 2002 in Criminal Appeal No. 775 of 2001.

2. To appreciate the case of the appellants, few relevant facts may be noted.

3. It was the case of the prosecution that on January 04, 2000, at about 3.00 p.m., near Kallaimane Cross at village Tatagar, Taluka Yellapur, appellant-accused attacked complainant Gopal Sitaram Hegde with stones and wooden sticks. They also attacked and caused injuries to Nagesh Ganapati Bandekar and Smt. Nagaveni. The accused persons also administered threat to kill Gopal Hegde. All the accused thereby committed offences punishable under Sections 341, 324, 326, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC).

4. Usual investigation was carried out by the police authorities. Charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.

5. The prosecution in order to prove the case against the accused examined eight witnesses including three injured witnesses, PW 1 Gopal Sitaram Hegde-complainant, PW 2 Nagesh Ganapati Bandekar, coolie o













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