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2022 Supreme(Kar) 428

State of Karnataka By Sub-Inspector, Kolar Rural Police Station, Kolar, Rept. By State Public Prosecutor – Appellant
Versus
Srinivasa S/o. Munivenkatappa – Respondent


Advocates Appeared:
For the Appellant : Sri. Abhijith K.S., HCGP.
For the Respondent: Sri N. Srinivas.

JUDGMENT :

This appeal is directed against the judgment of acquittal rendered by the Court of the II Additional Sessions Judge, Kolar, in S.C.No.137/2013 dated 06.04.2016 acquitting the accused of the offences punishable under sections 143, 504, 324, 506, 307, 427 read with 149 of IPC, 1860. Whereas in this appeal, the appellant/State is seeking to consider the grounds urged in the appeal and consequently, set aside the acquittal judgment rendered by the trial Court and convict the respondents/accused for the offences alleged against them.

2. Heard learned HCGP Shri Abhijith K.S. for the appellant/State and so also learned counsel Shri N. Srinivas for respondents/accused. Perused the impugned judgment of acquittal rendered by the trial Court in S.C.No.137/2013 dated 06.04.2016.

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

It has transpired in the case of the prosecution that, on 20.03.2011, at around 12.00 noon, at Jayanthi Restaurant situated near Kumbarahalli gate, wherein the accused, being the respondents in this appeal, formed an unlawful assembly and came to the Daba along with whisky bottles and asked for glasses for the purpose of consuming the liquor and as the same was

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