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2014 Supreme(SC) 528

DIPAK MISRA, V.GOPALA GOWDA
C. K. DASEGOWDA – Appellant
Versus
STATE OF KARNATAKA – Respondent


JUDGMENT

V. GOPALA GOWDA, J.

This appeal is filed by the appellants questioning the correctness of the judgment and final order dated 11.08.2010 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 1256 of 2005 in setting aside the order of acquittal of the appellants passed by the trial court thereby imposing sentence of conviction on the accused for offences punishable under Section 324 read with Section 34 of IPC for causing injuries on separate count.

2. Necessary relevant facts are stated hereunder to appreciate the case of the appellants and also to find out whether they are entitled to the relief as prayed for in this appeal.

3. It is the case of the prosecution that on 11.8.1999, at about 7:00 a.m., PW-3 Kempanna had gone to the house of the complainant on a bicycle to take milk for his children. When the complainant and PW-3 were coming back, accused nos. 1 to 10 (A-1 to A-10) attacked them with deadly weapons. It is alleged by the prosecution that A-1 assaulted PW-3 with iron blade of a plough on his head. A-3 assualted PW-3 on his back and thigh. A-4 assualted PW-3 on both his legs with iron blade of plough. A-2 assaulted PW- 1 with iron rod on his left





























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