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2012 Supreme(Kar) 52

V.SURI APPA RAO, MOHAN M.SHANTANAGOUDAR
State of Karnataka – Appellant
Versus
Rajnaika – Respondent


Advocates appeared:
For the Appellant: Nawaz, Additional S.P.P.
For the Respondents:R1 to R5 -C.N. Raju, Advocate.

Judgment :

1. The State has filed this appeal questioning the judgment and order of acquittal passed by the Additional Fast Track Court-I, Davangere, in SC.No.22/2004, acquitting the respondents. By the impugned judgment, the respondents are acquitted of the offences punishable under Sections 302, 395, 201 and 419 r/w. Section 34 of IPC and Sections 3 and 25 of Indian Arms Act.

2. The deceased Basavaraj and accused No. 1 Devaraj are brothers. They are sons of Gurusiddappa. The family had got two establishments of Bakeries viz., ‘Prakash Bakery’ and ‘Shivaprakash Bakery’. Prakash Bakery was being run by accused No. 1, whereas Shivaprakash Bakery was being run by the deceased. Prakash Bakery came to be closed as the land lord of the said premises got back the possession and consequently, accused No. 1 (tenant) was evicted. However, accused No. 1 and the deceased were jointly doing business thereafter in Shivaprakash Bakery. Differences arose in the family. Deceased filed a civil suit before the jurisdictional Civil Court against accused No. 1 and his father. The order of injunction was granted in favour of the deceased. Suppressing the said order, accused No. 1 and his father Gurusidd
































































































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