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2021 Supreme(Kar) 951

K.SOMASHEKAR
Prakash – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
K. Rahul Rai, Advocate, Tejas N., Advocate

JUDGMENT :

1. This appeal is directed against the judgment of conviction and order of sentence rendered by the Court of Principle District and Sessions Judge, Chitradurga, dtd. 31/3/2011, whereby held conviction against accused Nos. 1 to 3 for the offences punishable under Sec. 323 read with Sec. 34 of IPC, 1860. Accused Nos.1 and 2 shall undergo simple imprisonment for a period of six months and to pay a fine of Rs.1000.00 each with default clause. Accused No.3 was sentenced to pay a fine of Rs.1000.00 in respect of offences punishable under Sec. 323 read with 34 of IPC. The same has been narrated in the operative portion of the order passed by the trial Court. Whereas under this appeal seeking to allow the appeal by setting aside the judgment of conviction and order of sentence rendered by the Trial Court.

2. The factual matrix of the case of the prosecution is as under: It is transpired in the case of the prosecution that on 9/7/2007 at around 11.00 a.m., Saraswathamma, resident of N.G.Halli Village reported first information to Holalkere Police Station alleging that 3rd accusedSunita, who is daughter of accused Nos.1 and 2, was given in marriage to one Shiva Kumar who is son of

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