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2022 Supreme(Kar) 431

State of Karnataka, Rep. by Birur Police, Rep. by SPP – Appellant
Versus
Santhosh S/o. Late Narasimhappa – Respondent


Advocates Appeared:
For the Appellant : Sri. Abhijith K.S. – HCGP.
For the Respondent: Sri. K.S. Ganesha.

JUDGMENT :

In this appeal the appellant / State is challenging the judgment of acquittal rendered by the I Addl.Sessions Judge, Chikkamagaluru in S.C.No.86/2013 dated 11.01.2016 whereby accused were acquitted for the offences under Section 504, 324, 326, 307 and 506 r/w 34 of IPC, 1860. Whereas the appellant/State is seeking intervention by re-appreciation of the evidence and so also, revisiting of the impugned judgment of acquittal and consideration of the grounds as urged therein. Consequently, to set-aside the acquittal judgment rendered by the trial Court and convict the accused of the offences which they have been charged.

2. Heard learned HCGP for State and learned counsel Sri K.S. Ganesha for respondent Nos. 1 to 4. Perused the judgment of acquittal in S.C.No.86/2013.

3. The brief facts of the appeal are as under:

It is transpired in the case of the prosecution that on 20.05.2013 at around 6.30 p.m. PW.1 being the complainant was sitting in front his house, by the time accused Nos.1 to 4 abused him in filthy language and told them it is already rained and if anybody comes to the land, there will not be good signs. By saying so accused Nos.1 and 2 were abusing the complainant tha

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