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2015 Supreme(SC) 1151

H. L. DATTU, ARUN MISHRA, AMITAVA ROY
Mallanagaouda Ravsaheb Patil – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellants: Basava Prabhu S. Patil, B. Subrahmanya Prasad, Chinmay Deshpande, Amjeed Maqbul and V.N. Raghupathy
For the Respondent: Anitha Shenoy

ORDER :

1. This appeal is directed against the judgment and order passed by the High Court of Karnataka in Criminal Appeal No. 79 of 2000, dated 04.07.2006. By the impugned judgment and order, the High Court has reversed the order of acquittal passed by the Trial Court.

2. As per the prosecution, on 22.04.1997 at about 12.00 midnight, the accused/appellants-herein broke into the house of Basava Gaidgappa Basatti a resident of village Bochabai, Ramdurg, Karnataka. They were carrying weapons such as sickles, sticks and stones and assaulted the complainant on her head, shoulders, trunk and legs and on her left hand due to which she sustained multiple injuries. At that time, Sanadurgappa Uppar (PW-6), who was sleeping in the Hanamanth Temple, came and attempted to pacify the quarrel. The accused-appellants also assaulted (PW-6) and injured him on his face and eyes. Thereafter, the accused-appellants ran away from the spot, assuming that the complainant was dead. The next morning, the complainant and (PW-6) went to Belgaum Hospital for treatment and examination. They were discharged from the hospital on 08.05.1997.

3. The FIR was lodged only on 03.05.1997 when the Police Sub-inspector rece













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