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2023 Supreme(Kar) 321

K. SOMASHEKAR, RAJESH RAI K
Mohammed Anwar, S/o Abdul Khader – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. HASHMATH PASHA -SR. COUNSEL FOR SRI. KARIAPPA N A, ADVOCATE
For the Respondent: SRI.VIJAYAKUMAR MAJAGE, SPP-II

JUDGMENT :

This appeal by the convicted accused is directed against the judgment of conviction and order of sentence dated 23.07.2016 passed in S.C.No.91/2013 by Principal District and Sessions Judge, Dakshina Kannada, Mangaluru, wherein the accused are convicted for the offence punishable under sections 302, 201 r/w 34 IPC and accused Nos.1 and 3 to 6 are sentenced to suffer life imprisonment for the offence punishable under section 302 IPC, so also, they are directed to undergo imprisonment for three years for the offences under section 201 r/w 34 IPC and pay a fine of Rs.10,000/-each, in default of payment of fine, they are further directed to undergo simple imprisonment for a period for 30 days each.

2. The factual matrix of the prosecution case is that one Siddappa, S/o Sangappa of Bhagavathi village, Bagalkot Taluk & District had married accused No.2 in this case one Renuka @ Kasthuri and about twelve years back, he had gone to Mangaluru and settled there itself along with his wife and a child and every now and then, he used to go to his village and also going back to Mangaluru. But, since three years prior to 22.08.2009, Sidappa i.e., deceased had not come to his village. Ther

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