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2017 Supreme(Kar) 926

R.B.BUDIHAL
Shrikant Ramappa Betageri, S/o. Ramappa Betageri – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Appellant :Sri. M.B. Gundawade, Advocate
For the Respondent: Sri. Praveen K. Uppar, HCGP.

JUDGMENT :

1. Since these two appeals are in respect of the same judgment rendered by the Sessions Court and since common questions of law and facts are involved in these two appeals, in order to avoid repetition of facts and law, they are taken up together to dispose of them cby this common judgment.

2. Criminal Appeal No.2884/2010 is preferred by the appellant/accused No.1 and Criminal Appeal No.1343/2010 is preferred by the appellants/accused Nos.2 and 3. Both the appeals are filed under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment and order of conviction dated 7th December 2010 passed by the Principal Sessions Judge, Belgaum, in S.C. 145/2010 whereby the learned Trial Judge convicted appellants/accused Nos.1 to 3 for the offences punishable under Sections 304 II, 323, 324, 506 read with Section 34 of the Indian Penal Code and also being aggrieved by the sentence imposed by the order dated 9th December 2010. The appellants in both the appeals have challenged the legality and correctness of the judgment and order of conviction passed by the Trial Court on the grounds as mentioned in the respective appeal memorandums.

3. Brief facts of the prosecut

























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