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2021 Supreme(Kar) 554

SREENIVAS HARISH KUMAR, P.N.DESAI
State of Karnataka – Appellant
Versus
Kotresh Naik – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.M. Banakar, Addl. SPP
For the Respondent:Srinand A. Pachhapure, Advocate

JUDGMENT :

SREENIVAS HARISH KUMAR, J.

1. This appeal is preferred by the State challenging the judgment of acquittal passed by the III Addl. District & Sessions Judge, Ballari sitting at Hosapete in S.C. No. 5016/2015. The respondent being the accused in the said case faced trial for the offences punishable under Section 504, 506 and 307 of Indian Penal Code.

2. The prosecution case is based on a report made by one Rama Naik-PW1 about the incident that took place on 24.06.2014. Ex. P.1 is the report of PW1. He reported to the Police that about four years prior to 24.06.2014, his father entered into an agreement with the accused for purchasing two acres of land in Sy. No. 421 of his village for a consideration of Rs. 80,000/- per acre and paid advance amount of Rs. 50,000/- at that time. He undertook to pay balance amount at the time of registration of the sale deed. Later on the accused further received Rs. 25,000/- from his father. In the meantime the accused was sent to jail in connection with a criminal case and therefore he and his father took possession of the said land and started cultivating it. After the accused came out of jail, he demanded the accused to execute the sale dee

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