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2022 Supreme(Kar) 62

K.SOMASHEKAR, ANANT RAMANATH HEGDE
State of Karnataka, Through Deval Ganagapur Police Station, Represented by its Addl. State Public Prosecutor – Appellant
Versus
Shekhappa S/o Ningappa Rummagol – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri Prakash Yeli, Addl. SPP
For the Respondent:Sri Shivasharana Reddy, Advocate

JUDGMENT :

K. Somashekar, J.

This appeal is directed against the judgment of acquittal rendered by the court of the Principal Sessions Judge at Kalaburagi in Sessions Case No.180/2011 dated 25/27.09.2013, acquitting the accused of the offences punishable under Sections 143, 148, 323, 324, 307, 448, 504 and 506 read with Section 149 of Indian Penal Code, 1860.

2. This appeal is preferred by the State with a prayer set aside the acquittal judgment rendered by the trial court and to convict the accused of the offences for which the charges levelled against them.

3. Heard the learned Additional State Public Prosecutor for State and the learned counsel Sri Shivasharana Reddy for respondent Nos.2 to 6. Perused the judgment of acquittal rendered by the trial court in Sessions Case No.180/2011 and the records consisting of the evidence of PWs.1 to 17 and so also the documents at Ex.P.1 to Ex.P.14 inclusive of MOs.1 to 4.

4. Factual matrix of the appeal are as under:-

It is transpired in the case of the prosecution that on 06.06.2010 at around 9.30 p.m. when the complainant-Suresh along with his family members namely CWs.6 to 9 were all present inside the house and were watching the television. T

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