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2022 Supreme(Kar) 451

SURAJ GOVINDARAJ, G. BASAVARAJA
Shivappa @ Shivanand Hittanagi, S/o. Vittal Hittanagi – Appellant
Versus
State of Karnataka, Represented by Its Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri. Kushal V. Bolmal.
For the Respondent: Sri. V.M. Banakar, Addl. SPP.

JUDGMENT :

1. The appellant is accused who has been convicted by the Principal Sessions Judge, Belagavi vide judgment dated 01.06.2017 in Sessions Case No.115/2014 for offences punishable under Sections 302, 201 and 404 of the IPC.

2. The appellant has been sentenced to undergo imprisonment for life for offences punishable under Section 302 of the IPC and to pay fine of Rs.50,000 , to undergo imprisonment for seven years for offence punishable under Section 201 of the IPC and to undergo imprisonment for three years for offence punishable under Section 404 of the IPC, that all sentences running concurrently.

3. The facts of the case are that:

3.1. A missing complaint was filed on 04.02.2014 at 2200 hours, a further complaint came to be filed by the son of the deceased on 05.02.2014 at 1530 hours that an offence under Section 302 had been committed.

3.2. In furtherance of the same, a case came to be registered by the Yamakanamaradi Police Station in Crime No.46/2014. The Circle Police Inspector, Hukkeri Circle having completed his investigation laid a charge sheet against the accused for the offences under Section 302, 201 and 404 of the IPC. The accused pleaded not guilty and claimed to

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