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2023 Supreme(Kar) 282

K. SOMASHEKAR, RAJESH RAI K.
Sharda Ura S/o Mahadeva Ura – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rakshith R.
For the Respondent: Vijayakumar Majage.

JUDGMENT :

K. SOMASHEKAR, J.

1. This appeal is directed against the judgment of conviction and order of sentence rendered by the trial Court in S.C. No. 1322/2014 dated 14.11.2018 convicting the appellant-accused for the offence punishable under Section 302 of IPC, 1860. The accused was sentenced to undergo life imprisonment and to pay fine of Rs.5,000/-and default to pay the fine, to undergo rigorous imprisonment for two years. In this appeal seeking intervention for consideration of grounds as urged in this appeal and consequently, to set-aside the judgment of conviction and order of sentence rendered by the trial Court and acquit the appellant-accused.

2. Heard learned counsel Sri Rakshith.R for the appellant-accused and learned Addl.SPP for State namely Sri Vijay Kumar Majage. Perused the judgment of conviction and order of sentence rendered by the trial Court.

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

    It is transpired in the case of prosecution that on 28.05.2014 at around 3.25 a.m. in the night hours, at the house of CW.2 i.e., first floor, No. 2, 3rd Main, Raghavendra Layout, Yeshwantapura whereby accused picked up quarrel with Manoj Tirke in respect of the ancestral prop

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