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2022 Supreme(Kar) 123

K.SOMASHEKAR, ANANT RAMANATH HEGDE
State of Karnataka, Through Talikoti P. S. , Rep. by its Addl. State Public Prosecutor – Appellant
Versus
Ningappa Amarappa Balabatti – Respondent


Advocates Appeared:
For the Appellant : Sri Prakash Yeli, Addl. SPP.
For the Respondent: Sri R.S. Lagali.

JUDGMENT :

This appeal is directed against the judgment of acquittal dated 25.11.2014 rendered by the I Addl. Sessions Judge, Bijapur (for short, 'the trial Court') for the offences punishable under Sections 143, 147, 148, 324, 307, 504, and 506 r/w Section 149 Indian Penal Code, 1860. The appellant/State seeking the intervention of this Court on various grounds urged in this appeal and thereby seeks to set aside the impugned judgment of acquittal and prays to allow the appeal and to convict the respondents/accused for the aforesaid offences.

2. Heard Sri Prakash Yeli, learned Additional State Public Prosecutor for the appellant/State and Sri R.S. Lagali, learned counsel for the respondents/accused, and perused the entire material available on record.

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

It transpires from the prosecution case that, accused No.1-Ningappa S/o Amarappa Balabatti was suspected that P.W.1-Yallaling was having illegal intimacy with his wife. In this background on 28.11.2012 at about 10.00 a.m. when P.W.1-Yallaling Hulagappa Biradar, P.W.2-Mallappa Handral, P.W.-3-Shankrappa, and P.W-4-Mallamma were passing through the land of one Gurubhimarao Hanamantraya Kulkar

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