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1996 Supreme(Kar) 402

J.ESWARA PRASAD, M.P.CHINNAPPA
SWAMYGOWDA – Appellant
Versus
STATE OF KARNATAKA – Respondent


J. ESWARA PRASAD, J.

( 1 ) CRIMINAL Appeal Number 185 of 1994 is by Accused Nos. 1 to 22 against their conviction under Ss. 148,324, 326, 341 and 302, I. P. C. and the sentences imposed by the Principal Sessions Judge, Mysore in S. C. No. 87/1989. Criminal Appeal No. 494/94 is by the State against the acquittal of respondent Nos. 1 to 7 who were accused Nos. 23 to 29 before the Sessions Court for offences punishable under Ss. 143, 144, 147, 148, 341 r/w. Section 149, I. P. C. , S. 326 r/w. S. 149, I. P. C. and 302 r/w. S. 149, I. P. C.

( 2 ) THE case of the prosecution is as follows :-Respondent No. 2 is the leader of the Congress Party and was opposed to Kengegowda-deceased No. 1 who belonged to Janatha Party and was the Pradhan of Karimuddenahalli. Deceased No. 2 Gondegowda is the younger brother of Kengegowda and he was the President of the Milk Producers Cooperative Society and both the brothers were leaders of Janatha Party. During the elections to the Mandal Panchayat held in the year 1988, deceased No. 1 was elected to the Panchayat, whereas respondent No. 24 was defeated. P. W. 21 filed a case against some of the respondents and others at the instance of deceased No. 1 and






























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