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2009 Supreme(SC) 1011

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Ningappa Yallappa Hosamani – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Appellant ; S.N. Baht, B. Subrahmanya Prasad, Ajay Kumar, M.V.N. Raghupathy, Sanjay Jain, Advocates.
For the Respondents:Sanjay Jain, Mukesh Verma, Anmol Thukral, Vinay Arora, Sanjay R. Hegde, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in these appeals is to the order passed by a Division Bench of the Karnataka High Court. The High Court by the impugned judgment allowed the appeal and set aside the conviction of appellants 3, 4 and 5 (accused No.3-Sri Giriyappa @ Gireppa, A-4 Sri Yallappa S/o Arujunappa Yaraddi, A-5 Sri Vithal S/o Kalakappa) before it. The compensation of Rs.50,000/- awarded to Girijabai (PW-4) was reduced to Rs.20,000/-. The present appeal is by A1, A6 and A7.

2. Seven accused persons had faced trial for alleged commission of offences punishable under Sections 143, 148, 341, 109, 302 and Section 201 read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’). The occurrence took place in the intervening night of 31.1.2005 around midnight.

3. Prosecution version in a nutshell is as follows:

Namadev Muralidhar Huvvannavar (the deceased) resided in Bommanabudni village along with his wife-Girijabai (PW.1) and his five children, out of whom Panduranga (PW.5) is one. He was in politics and due to his activities, he had incurred enmity of many persons. He was an accused in a session case on the allegation of having committed about ten years p















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