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2019 Supreme(SC) 63

D.Y.CHANDRACHUD, VINEET SARAN
Munishamappa – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
Mr. Shekhar G. Devasa, Mr. Manish Tiwari, Mr. Luv Kumar, for M/S. Devasa & Co., Mr. T. Harish Kumar, Mr. V. Vasu Devan, Mr. Navneet Dugar, Mr. V.N. Raghupathy, Mr. Somiran Sharma

JUDGMENT :

Dhananjaya Y. Chandrachud, J.

By a judgment dated 31 October 2003, the Principal Sessions Judge, Kolar acquitted eleven persons who were tried for offences under Sections 143, 148, 323, 324 and 302 read with Section 149 of the Indian Penal Code 1860 ("penal code") and Sections 3, 4 and 5 of the Explosive Substances Act 1908. The State challenged the order of acquittal in a criminal appeal while the injured complainant assailed the acquittal in a criminal revision. By its judgment dated 14September 2010, the Karnataka High Court allowed the appeal in part and convicted ten of the accused (accused Nos. 1 to 4, 6 to 8 and 10 to 12 before the Trial Court) of offences punishable under Section 304 Part I read with Section 149 of the Penal Code and sentenced them to rigorous imprisonment for a period of seven years each. Further, each of them was convicted under Section 324 read with Section 149 of the Code and sentenced to suffer rigorous imprisonment for a period of one year with a fine of Rs. 5000/- and in default, to suffer simple imprisonment for three months.

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