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2022 Supreme(Kar) 379

K. SOMASHEKAR, PRADEEP SINGH YERUR
Rangappa S/o. Late Rajappa – Appellant
Versus
State by Betamangala Police Bangarpet Taluk, Kolar, Rep. By Its SPP – Respondent


Advocates Appeared:
For the Appellant : Sri N.R. Krishnappa.
For the Respondent: Smt. Rashmi Jadhav, HCGP.

JUDGMENT :

This appeal is directed against the judgment of conviction and order of sentence passed by the Court of the III Additional District & Sessions Judge, Kolar (Sitting at K.G.F.) in S.C.No.122/2015 dated 08.12.2016 whereby, the trial Court sentenced the accused for the offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’ for short). In this appeal, the appellant is seeking intervention of the judgment of conviction and order of sentence, to consider the grounds urged in this appeal, to set aside the judgment of conviction rendered by the trial Court and to acquit the accused for the offence under Section 302 of IPC.

2. Heard the learned counsel Sri. N.R. Krishnappa for the appellant and so also, learned HCGP Smt. Rashmi Jadhav for the respondent-State. Perused the judgment of conviction passed in S.C.No.122/2015 consisting the evidence of PW.1 to PW.22 and so also the documents marked as Exs.P1 to P19 including MO.1 to MO.5.

3. The factual matrix of the appeal are as under:-

It transpires from the case of the prosecution that, since about 15 years i.e., prior to 26.12.2014, the accused namely Rangappa had a illicit relationship with

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