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2023 Supreme(Kar) 302

ANIL B. KATTI
Lakshmana Reddy Yane Lakshmi Reddy, S/o. Gadilingappa – Appellant
Versus
State Of Karnataka, by SPP High Court Of Karnataka – Respondent


Advocates Appeared:
For the Petitioners: Sri. M. B. Gundawade for Sri. Y. Lakshmikant Reddy.
For the Respondent: Sri. Praveen Uppar, HCGP.

ORDER :

1. Appellant/accused Nos.1 and 2 have filed criminal revision petition No.100181/2014 and appellant/State has filed criminal appeal No.100065/2014 feeling aggrieved by judgment of the first appellate Court on the file of Principal Sessions Judge, at Ballari, in Criminal Appeal No.138/2012 dated 06.09.2013.

2. Appellants/accused have challenged the modified judgment of conviction and order of sentence passed by trial Court. Whereas appellant/State has challenged the adequacy of sentence for the offences punishable under Sections 326 and 323 R/w 34 of IPC.

3. Parties to the revision petition and appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

4. The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 05.02.2011 at about 9.30 P.M. while complainant was going to his agricultural land, found accused no.1 was storing mud so as to obstruct the free flow of water in canal. The complainant has asked accused No.1 not to store mud which can cause obstruction for free flow of water. However, accused No.1 started abusing in filthy language and by caught holding both his hands bite on the left e

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