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2024 Supreme(SC) 330

SUDHANSHU DHULIA, PRASANNA B. VARALE
Subhash @ Subanna – Appellant
Versus
State of Karnataka Ministry of Home Affairs – Respondent


Advocates appeared:
For the Appellant(s) : Dr. Mrs. Vipin Gupta, AOR
For the Respondent(s): Mr. D. L. Chidananda, AOR

JUDGMENT :

Prasanna B. Varale, J.

1. By way of present appeal, the appellants challenged the judgment and order dated 20th April, 2011 passed by the High Court of Karnataka in Criminal Appeal No. 3601/2010, thereby confirming the conviction and sentence of the Trial Court in Sessions Case No.213/2009 which had convicted appellants (accused Nos. 1, 2 and 4) under Section 302 of IPC and sentenced them to life imprisonment. Additionally the High Court also upheld the conviction and sentence of appellant Nos.1 and 3 (accused Nos 2 & 4) under Sections 324 and 326 of IPC as awarded by Trial Court.

2. The First Information Report No.18/2009 was lodged at Kamalpur Police Station, Gulbarga against the accused persons for commission of offences under Section 143, 147, 148, 504, 323, 324 and 302 r/w Section 149 of Indian Penal Code, on the basis of complaint submitted by Kumari Sangeeta D/o Mahadevappa Natikar. The Complaint refers to the incident occurred on 18th February, 2009 at 7.00 a.m. (we may refer to this incident as a prequel to the fateful incident which occurred on the same day in the evening). It was submitted in the report that a day earlier i.e., on 17th February, 2009, uncle of th

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