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2020 Supreme(Kar) 541

S.N.SATYANARAYANA, ASHOK G.NIJAGANNAVAR
State And Others – Appellant
Versus
Vinay And Others – Respondent


Advocates Appeared:
V.S. Vinayaka, HCGP and Haleema Ameen for Vishwajith Shetty S., Advocates, for the Appellant; N.S. Sampangiramaiah, Advocate as Amicus Curiae and V.S. Vinayaka, HCGP, for the Respondent

JUDGMENT

Ashok G. Nijagannavar, J. - Criminal appeal No. 522/2014 is filed by the State represented by High Court Government Pleader. Criminal appeal No. 420/2014 is filed by the complainant. Both the appeals are against the judgment and order of acquittal dated 05.04.2014 passed in S.C. No. 65/2012 by the V Additional District and Sessions Judge, D.K. Mangaluru sitting at Puttur.

2. The prosecution case in nutshell is that the complainants husband is a Congress Party Member and the accused Nos. 1 to 4 are the workers of BJP party. There was a quarrel between the complainants husband and the accused in connection with display of banner in Lok-Sabha election, as such, there was a rivalry between them. On 04.03.2011, evening at about 7.00 p.m. when the complainant was in the shop along with her husband and children, the accused persons came on two motorbikes and asked her husband as to what he has said against them in the temple, when her husband informed that he has not told anything, the accused left by saying they will come later. Thereafter, at 9.10 p.m. her husband viz., P.W.2, got the call from mobile No. 9480761198 belonging to accused by name Vinay. Accused Nos. 1 to 4 came ne

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