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2019 Supreme(Kar) 1653

H.P.SANDESH
Vasant Madhav W/o Kristachaya Athani – Appellant
Versus
Pramod S/o Gururaj Athani – Respondent


Advocates Appeared:
For the Appellant : Sri. R.D. Desai & Sri. A.N. Hirolli, Advs. (Absent)
For the Respondent: Sri. K.L. Patil, Adv.

JUDGMENT :

This appeal is filed under Section 378(4) of Cr.P.C. challenging the judgment of acquittal passed in CC No.1745/2005 on the file of the Civil Judge and J.M.F.C. Bagalkot, dated 31/8/2010 for the offences punishable under Sections 465, 418, 120(b) and 511 r/w 34 of I.P.C.

2. Parties are referred to their rankings before the Court below for the sake of convenience.

3. The brief facts of the case is that, the complainant has filed the complaint before the Court below stating that he is the resident of Bagalkot and he is the joint owner of the house property bearing CTS No.375/1 and 375/2 of Ward No.4 and CTS No.36, 37 and 38 of Ward No.5 of Bagalkot Town. All these properties have been submerged under the Upper Krishna project. Accused Nos.1 to 3 are the sons of eldest brother of the complainant late Gururaj Athani. The submerged properties are the jointly owned by the complainant-Anant Krishtacharya Athani and Lila G.Athani and the father of Accused Nos.1 to 3 Gururaj Athani. The complainant along with Anant Athani and Lila Athani have executed a power of attorney in favour of accused No.1 on 28/4/2000 to facilitate him to represent the complainant and two others before the C

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