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2016 Supreme(Kar) 115

A.V.CHANDRASHEKARA
SHIVANNA – Appellant
Versus
STATE OF KARNATAKA BY HOLENARASIPURA – Respondent


Advocates Appeared:
(By Smt : K SHEELA, ADV.)
(By Sri: S. RACHAIAH, HCGP)

ORDER :

The present revision petition is filed under Section 397, Cr.P.C. challenging the judgment of conviction and sentence passed in C.C.59/08 by the learned civil judge at Holenarasipura and affirmed in Crl.A.15/10, a judgment passed by the presiding officer of fast track court at Holenarasipura. Petitioners have been convicted for the offences punishable under Sections 324 and 326 read with Section 34, I.P.C. and have been sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 326 read with Section 34, I.P.C. and also to pay a fine of Rs.1000/each, in default, to undergo two months simple imprisonment. They have been sentenced to pay a fine of Rs.1000/each for the offence punishable under Section 324, I.P.C.

2. This judgment of conviction dated 17.2.2010 passed in C.C.59/08 had been called in question by filing an appeal under Section 374, Cr.P.C. in Crl.A.15/10. The said appeal came to be dismissed after contest. It is these concurrent findings that are called in question in this revision petition on various grounds as set out in the memorandum of petition.

3. The case of the prosecution is that at about 12.00 midnight on




















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