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2022 Supreme(Kar) 450

SURAJ GOVINDARAJ, G. BASAVARAJA
Punit S/o. Bhimsingh Rajput – Appellant
Versus
State of Karnataka, By CPI Mudhol, Represented by State Public Prosecutor – Respondent


Advocates Appeared:
For the Appellant : Sri. Shaikh Saoud.
For the Respondent: Sri. V.M. Banakar, Addl. SPP.

JUDGMENT :

1. These are the appeals filed under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), challenging the judgement of conviction and order of sentence passed by the I Additional District and Sessions Judge, Bagalkot sitting at Jamkhandi (for short, ‘trial Court’) in Sessions Case No.91/2017 dated 20.03.2019.

2. A complaint came to be filed by Vindarsingh on 06.09.2016 at 22.15 hours, alleging that he had been informed by his sister that the accused (her husband and mother-in-law) had ill-treated her and sought to commit her murder. In furtherance of the same, ASI, Mudhol Police had registered a case for the offences under Sections 307, 498-A, 504 read with 34 of IPC. In the meantime, the sister expired, hence, upon investigation, Circle Inspector of Mudhol Police Station submitted a charge sheet against the accused for the offences punishable under Sections 498-A, 504, 323, 302 read with 34 of IPC.

3. Upon the charge sheet being submitted, since the offence was triable under Section 302 of IPC, the matter came to be committed to the Court of Sessions. Accused No.1 who was in judicial custody was produced before the Court and accused No.2 who was on ba

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