H.L.DATTU, CHANDRAMAULI KR.PRASAD
Krishnappa – Appellant
Versus
State of Karnataka by Babaleshwara – Respondent
Judgment :-
H.L. Dattu, J.
1) Delay Condoned and Leave granted in SLP(Crl.) No. ....… of 2012 (Criminal Miscellaneous Petition No.23190 of 2011).
2) Since both Criminal appeals arise out of the common judgment of the High Court, we propose to dispose of the same by this common judgment.
3) These appeals are directed against the common judgment and order passed by the High Court of Karnataka at Gulbarga in Criminal Appeal No. 1185 of 2006 and Criminal Appeal No. 824 of 2006, dated 16.06.2009, whereby and where under, the High Court has reversed the order of acquittal of accused Nos. A1, A15, A16, A21 and confirmed the order of conviction of accused Nos. A13 and A14 passed by the Sessions Judge, Bijapur, in Sessions Case No. 82 of 2002. The appellants are convicted under Section 302/149 IPC and sentenced to imprisonment for life.
4) The facts of the case, in brief, as put forth by the prosecution are:-
Shri. Bhimappa Biradar (deceased), the father of the Complainant had long standing enmity with Mansani family and Sirabur family, as 30 years ago, members of Mansani and Sirabur family had murdered the grand father of the deceased. Subsequently, this enmity further intensified due t
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