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2021 Supreme(Kar) 715

H.B.PRABHAKARA SASTRY
M. Siddappa, S/o. Kariyappa – Appellant
Versus
State by Jagalur Police Station, Davanagere District – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Leeladhar H.P., Advocate
For the Respondent: Smt. K.P.Yashodha, HCGP

ORDER :

The present petitioner was tried as accused by the Court of learned Civil Judge & J.M.F.C., Jagaluru, (hereinafter for brevity referred to as the `trial Court') in C.C.No.888/2011, for the offences punishable under Sections 504, 326, 506 of Indian Penal Code, 1860 (hereinafter for brevity referred to as the `IPC') and was convicted by the judgment of conviction and order on sentence dated 14.03.2013.

Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.40/2013, before the learned I Addl.District & Sessions Judge, Davanagere, (hereinafter for brevity referred to as the `Sessions Judge’s Court'), which after hearing both side, dismissed the appeal filed by the accused by its judgment dated 17.12.2016. Being aggrieved by the same, the accused have preferred the present revision petition.

2. The summary of the case of the prosecution is that the complainant was the sitting Member of Grama Panchayat of the village called Sokke. The accused was a defeated candidate and was an Ex-Grama Panchayat Member of the same village, as such, he had rivalry against the complainant. On the date 10.06.2011, in the afternoon, at about 12.00 O’Clock, the complainant had been

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