CHANDRAMAULI KR.PRASAD, KURIAN JOSEPH
GANESHA – Appellant
Versus
SHARANAPPA – Respondent
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JUDGMENT
CHANDRAMAULI KR. PRASAD, J.
Petitioner, besides three other accused, was put on trial for offence under Section 341, 323, 324 and 504 read with Section 34 of the Indian Penal Code. Judicial Magistrate, First Class, Yadgiri Taluk, Gulbarga District, Karnataka, by its judgment and order dated 14th of September, 2006 passed in CC No. 355 of 2006, acquitted them of all the charges.
Aggrieved by the aforesaid, the informant preferred Criminal Revision Petition No. 147 of 2007 and the High Court, by the impugned judgment and order dated 5th of August, 2008 maintained the order of acquittal of all accused persons, excepting accused no. 3, Ganesha who has been held guilty for the offence punishable under Section 324 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of six months and also to pay a fine of Rs.5,000/-, and in default of payment of fine, to undergo further simple imprisonment for a period of three months.
It is against this order that Ganesha has preferred this special leave petition.
Leave granted.
The prosecution was set in motion on the basis of a report given by the informant, Sharanappa, inter alia, alleging that he made a protest when
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