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2018 Supreme(Kar) 462

RAVI MALIMATH, H.B.PRABHAKARA SASTRY
Puttanna, S/o Siddaiah – Appellant
Versus
State by Ashokapuram Police Station, Mysore – Respondent


Advocates Appeared:
For the Petitioners:Smt. Bharati Patil, Advocate for Sri M.G.S. Kamal, Advocate.
For the Respondents: Sri. Vijaya Kumar Majage, Addl. SPP

JUDGMENT :

1. Being aggrieved by the judgment of conviction and order on sentence dated 07.02.2011, passed by the II Addl. District & Sessions Judge, at Mysuru, (hence forth for brevity referred to as the ‘Sessions Court’) in S.C. No.229 of 2009, convicting him for an offence punishable under Section 302 of Indian Penal Code and sentencing him to undergo life imprisonment and to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo rigorous imprisonment for a period of two years, the appellant has filed this appeal.

2. In his memorandum of appeal, the appellant has taken the contention that the Court below has not appreciated the evidence of the prosecution witnesses in their proper perspective and that it did not notice that, had the appellant any intention to commit the murder of the deceased, he would have tried to escape from the scene of offence. This shows that he was innocent and also was shocked like any other who were present in the place of occurrence. The inconsistency in the evidence of the prosecution witnesses were not appreciated by the Court below. It also ignored the fact that the injuries caused to the injured was not sufficient to cause her death.



























































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