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2020 Supreme(Kar) 650

S.SUNIL DUTT YADAV
Narasimharao @ Appi – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
Vinayaka V S, Advocate, Hashmath Pasha, Advocate, Mohan Kumar D, Advocate, T.S. Gurunath, Advocate, Akram Pasha, Advocate

JUDGMENT

S Sunil Dutt Yadav, J. - Aggrieved by the order of conviction dated 17.03.2017, and sentence dated 18.03.2017 passed by the V Additional District and Sessions Judge, Tiptur in S.C.236/2012 convicting the appellants/accused for the offence punishable under Section 395 of IPC, whereby the accused nos.1 to 6 have been convicted and sentenced to undergo R.I. for a period of 8 years and to pay fine of Rs.25,000/- each for the aforesaid offence, Crl.A No.535/2017 is preferred by accused no.4, while Crl.A No.568/2017 is preferred by accused nos.1, 2, 3, 5 and 6.

2. Complaint came to be filed by one K.H.Srinivasa Murthy (PW.4) stating that he was residing in his Farm House built in the property bearing Sy.No.25 of Dodda Margonahalli. That on 08.05.2012, at about 6.45 p.m., he found his dog barking and when he went out of the house to enquire, he noticed a person hiding. Immediately thereafter, two other persons caught hold of him and under threat of injury by knife, other persons entered his house and took away the gold chain and ear studs of PW.4's wife. They further took away a sum of Rs.4,500/- cash that was with the complainant and his SBM ATM Card. They also took away the key

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