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2022 Supreme(Kar) 193

H.B.PRABHAKARA SASTRY
Nagaraju S/o. Kullappa – Appellant
Versus
State of Karnataka, Represented by Malavalli Police Station, Malavalli Taluk, Mandya – Respondent


Advocates Appeared:
For the Petitioner: Sri. Raja L.
For the Respondent: Sri. K. Nageshwarappa, High Court Govt. Pleader.

ORDER :

The present petitioners, as accused Nos.1 and 2 respectively, were tried by the Court of the learned I Additional Civil Judge and Judicial Magistrate First Class, Malavalli, (hereinafter for brevity referred to as “the Trial Court”) in C.C.No.673/2010, for the offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965 (hereinafter for brevity referred to as “the Excise Act”) and were convicted for the said offences by its judgment of conviction and order on sentence dated 18-12-2012.

Aggrieved by the same, both the accused persons preferred a Criminal Appeal in the Court of the learned I Additional Sessions Judge, Mandya, (hereinafter for brevity referred to as the “Sessions Judge’s Court”) in Criminal Appeal No.145/2012.

The learned Sessions Judge’s Court in its judgment dated 26-06-2013 dismissed the appeal filed by both the accused and confirmed the judgment of the Trial Court in C.C.No.673/2010 dated 18-12-2012. It is challenging the judgments passed by both the Trial Court as well the Sessions Judge’s Court, both the accused have preferred these two revision petitions.

2. The summary of the case of the prosecution in the Trial Court is that, on 17-07-20

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