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2021 Supreme(Kar) 622

K.NATARAJAN
Yenka – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Appellant : Ganapati M. Bhat.
For the Respondents: Ramesh B. Chigari.

ORDER :

K. Natarajan, J.

1. This revision petition has been filed by the petitioners/accused Nos. 1 and 2, being aggrieved by the judgment of conviction and order of sentence passed by the JMFC, Bhatkal (hereinafter referred to as 'the trial Court', for short) in CC No. 1027/2007 for the offences punishable under Sections 323, 324, 355, 447 R/w. Section 34 of the IPC, which is modified by Court of the Principal District and Sessions Judge, Uttara Kannada (hereinafter referred to as the first Appellate Court', for short), by its judgment and order dated 30.04.2019 passed in Crl.A. No. 254/2007.

2. Heard the arguments from both sides and perused the records. The rankings of the parties before the trial Court are retained for the purpose of brevity.

3. The case of the prosecution is that, on 12.01.2007 at 1300 hours within the jurisdiction of Murdeshwar village at Kolgeri, Uttarkoppa village, the accused with a common intention constituted together on previous ill-will and picked up quarrel with the complainant - Nagappa Manjappa Naik, in connection with the dispute of taking water from the tank and also with an intention to assault the complainant accused No. 1 tied stone in his lungi an

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