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2019 Supreme(Kar) 34

K.N.PHANEENDRA, K.SOMASHEKAR
H. M. HALASWAMY – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Advocate Appeared:
Sunil Kumar S, Chandrashekar R.P., C.H. Hanumantharaya, B.M. Nagaveena, K.S. Girijamma, Vijayakumar Majage, Adv.

JUDGMENT

K Somashekar, J.

This appeal is directed against the judgment of conviction and sentence passed by the II Addl. District and Sessions Judge, Davanagere in S.C.No.112/2010 dated 14.09.2012 wherein accused Nos.2 and 4 were convicted for the offences punishable under Sections 302, 201, 109, 120-B read with Section 34 IPC and they were sentenced to undergo imprisonment for life and to pay fine of Rs.25,000/- each, in default to pay fine amount, to undergo R.I for two years, for the offence under Section 302 IPC. Further, under Section 201 r/w Section 34 of IPC, they were sentenced to undergo R.I for three years and to pay fine of Rs.10,000/- each and in default to undergo RI for one year. Further, under Section 120-B read with Section 34 of IPC, accused Nos.2 and 4 were sentenced to undergo imprisonment for life and to pay fine of Rs.25,000/- each and in default to undergo R.I. for two years.

2. The factual matrix of the appeal is as under:

It is stated in the theory of prosecution that accused No.2 - Halaswamy is the husband of deceased Roopa, accused No.4 - Smt.Sharadamma is the mother of accused No.2 and mother-in-law of deceased Roopa. Accused No.1 Nagaraja is stated to be wor






































































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