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2015 Supreme(Kar) 338

RAVI MALIMATH, R.B.BUDIHAL
The State through Aland Police Station – Appellant
Versus
Arvind – Respondent


Advocate Appeared:
For the Appellant: Prakash Yeli, Addl. SPP.
For the Respondents:R1-R6, G.G. Doddamani, R7-R11, Baburao Mangane, Advocates.

Judgment :-

1. This appeal is preferred by the State through Aland police station being aggrieved by the judgment and order of acquittal dated 13.3.2008 passed by the Fast Track Court-V, Gulbarga, in S.C. No.296/2005 acquitting the respondents-accused of the offences punishable under sections 120B, 109, 143, 147, 148, 341, 302 read with section 149 of IPC.

2. The appellant has preferred the appeal on the grounds urged at Sl. Nos.1 to 18 of the appeal memorandum.

3. C.W.1-Lingaraj @ Shrishail, son of Shankarrao Denki, resident of Kadaganchi village, permanently residing at Gulbarga lodged a complaint as per Ex.P.1 stating that there is one Sri. Shantalingeshwar Mutt in Kadaganchi village and Gadigeyya Gurushanthaiah, the Matadhipathi of the said Mutt expired and thereafter, as per the customs and traditions of the Mutt, Sri. Somayya Swamy ought to have been brought as Matadhipathi to the said Mutt, instead, one Veerabhadrashivacharya of Matamari village, District Raichur was brought as a Matadhipathi at the instance of one Karabasappa s/o.Shivabasappa Naroni and Sri. Somayya Swamy had been made to leave the Kadaganchi village. Due to this development, it led to disturbance of peace an



















































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