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2010 Supreme(SC) 205

B.SUDERSHAN REDDY, S.S.NIJJAR
Sangappa – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

B. Sudershan Reddy, J.—

Leave granted.

2. All the accused-appellants were charged and tried for the offences punishable under Sections 447, 504, 302 read with Section 34 of the Indian Penal Code (IPC) but were acquitted of all the charges by the trial court. On appeal preferred by the State of Karnataka, the High Court reversed the order of acquittal in relation to all the appellants and convicted them under Section 304 (Part-II) read with Section 34 of the IPC and sentenced them to undergo rigorous imprisonment for a period of two years and imposed a fine of Rs.30,000/- each, in default, to suffer simple imprisonment for a period of three years. Few Relevant Facts:

3. On 9th September, 1998 at about 6.00 p.m. one Shivalingayya lodged a first information report before the Sub-Inspector of Yedrami Police Station inter alia alleging that his son Sharanaiah was murdered by four persons namely Sangappa(A-1), Sharanappa(A-2), Malappa(A-3) and Jagadavappa (A-4). It is alleged in the report that on the fateful day Shivalingayya and his wife – Boramma (PW-1) joined their son Sharanaiah (deceased) in the fields to remove the unwanted weeds from their land. During that time all the acc











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