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2021 Supreme(Kar) 447

K. SOMASHEKAR
Nagashetty S/o Chikkaningashetty Hemaragala – Appellant
Versus
State of Karnataka By Badanavalu Police Station Nanjangud Taluk Rep. by State Public Prosecutor High Court Building Bangalore – Respondent


Advocates Appeared:
For The Appellant :Sri. P. Nataraju Advocate for M/s P. Nataraju Associates
For The Respondent: Sri. Rahul Rai .K –HCGP.

JUDGMENT :

This appeal is directed against the judgment of conviction and order of sentence rendered by the Trial Court in S.C.No.237/2010 dated 24.10.2011, convicting the accused for offences punishable under Sections 448 and 323 of the IPC, 1860. This appeal is filed seeking for consideration of the grounds urged in this appeal and consequently to allow the appeal and to set aside the judgment of conviction and order of sentence, for the grounds urged therein.

2. Heard the learned counsel Shri P. Nataraju for the appellant and the learned HCGP for the State who are present before court physically. Perused the judgment of conviction and order of sentence rendered by the Trial Court in S.C.No.237/2010 dated 24.10.2011.

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

    It transpires from the case of the prosecution that PW-1 / M. Mahadevashetty who is none other than the son of PW-2 / Chikkathayamma, had filed a complaint before the Badanavalu P.S. as per Exhibit P1 and based upon his complaint, Exhibit P4 / FIR has been recorded by PW-10 / D. Shivappa by avocation as an ASI, in the aforesaid P.S. It is alleged in his complaint that in his absence and also in the absence of his father, i

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