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2018 Supreme(Kar) 276

B.A.PATIL, BUDIHAL R.B.
Santhosha S/o Sri Biliyaiah – Appellant
Versus
State by Maddur Police Station – Respondent


Advocates Appeared:
For the Appellant : Sri. B.C. Rajanna.
For the Respondent: Sri. Vijayakumar Majage.

JUDGMENT :

1. The present appeal is preferred by accused Nos. 1 to 5, challenging the judgment and order of conviction and sentence dated 24.6.2013 passed by the II Additional District and Sessions Judge, Mandya in SC No. 205/2002 along with SC Nos. 135/2005, 49/2007 and 189/2008.

2. The sum and substance of the case of the prosecution is that complainant Kamaraju gave a statement as per Ex.P1 alleging that there was a dispute with regard to Site No. 26 of Valagerehalli Village between Manchaiah and Laxmaiah and there were two groups pertaining to the said dispute. Accused were supporting Laxmaiah, whereas the complainant and injured CWs. 1 to 5 were supporting Manchaiah. In that light, there existed animosity between the said two groups. In this background, on 12.6.2002 at about 10.00 p.m. when the complainant was talking with Kamalamma in front of the house of one Chunchamma, accused persons by constituting an unlawful assembly in furtherance of their common object, came there by holding deadly weapons and abused the complainant and his wife in filthy language. Accused No. 6-Shivananda told to finish Kamaraju as there would be a single case if they kill one person or several person





















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