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2022 Supreme(Kar) 28

K.SOMASHEKAR, P.N.DESAI
State of Karnataka, Chitradurga Town Police Station, Chitradurga District, Rep. by State Public Prosecutor – Appellant
Versus
Bhaskar S/o. Somashekar – Respondent


Advocates Appeared:
For the Appellant : Sri. Rahul Rai K. – HCGP.
For the Respondents: Sri. S. Shankarappa.

JUDGMENT :

This is one of the classic appeals preferred by the State challenging the acquittal judgment rendered by the Trial Court in S.C.No.51/2011 dated 19.01.2016 for offences punishable under Sections 143, 147, 148, 323, 324, 302, 201, 114 read with Section 149 of the IPC, 1860. The State has preferred this appeal seeking to set aside the acquittal judgment rendered by the Trial Court and thereby to convict the accused / respondents for the alleged offences leveled against them by considering the grounds urged therein.

2. Heard the learned HCGP Shri Rahul Rai K. who is present before court physically for the appellant / State and so also the learned counsel Shri S. Shankarappa for Respondent Nos.1 to 17 in respect of the present appeal which is slated for ‘Dictating Judgment’. Perused the acquittal judgment rendered by the Trial Court in S.C.No.51/2011 and also considered the evidence of PW-1 to PW-20 and so also the several documents which were got marked at Exhibits P1 to P31 inclusive of MO-1 to MO-44 including the contradictory statements got marked at Exhibits D1 to D6.

3. Factual matrix of the appeal is as under:

It transpires from the case of the prosecution that previously

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