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2002 Supreme(SC) 946

DORAISWAMY RAJU, SHIVARAJ V.PATIL
K. M. RAVI – Appellant
Versus
STATE OF KARNATAKA – Respondent


ORDER

1. The appellants charged with the offences under Sections 143, 144, 148, 325 and 302 read with Section 149 of the Penal Code, 1860 stood acquitted by the learned trial Judge in SC No. 17 of 1992, have come up before this Court on such acquittal being reversed by the High Court in an appeal filed at the instance of the State in Criminal Appeal No. 620 of 1996. The charges relate to an occurrence said to have taken place at about 2.30 p.m. on 14-1-1992 resulting in the death of one K.T. Subbaiah and injury caused to PW I by Accused 4 who was charged in addition under Section 324 IPC.

2. Before the trial court for the prosecution PWs I to 16 have been examined, in addition to marking Exts. P-I to P-28 and Mas I to 13 being d brought on record. PWs 1,2,4 and 10 were said to be the eyewitnesses to the occurrence of which PW I was an injured eyewitness. The injury was said to have been caused by A-4 at the heel portion of the right leg by throwing the katti which he had, as she was running. The learned trial Judge after noticing certain discrepancies, omissions and exaggerations in the evidence and also relying upon the alleged alteration of the time in Ext. P-I as well as keeping










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