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2023 Supreme(Kar) 323

K. SOMASHEKAR, RAJESH RAI K
Thimmaiah, S/o Late Kumbaiah – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. G.M ANANDA, ADVOCATE
For the Respondent: SRI. VIJAYAKUMAR MAJAGE, SPP-II

JUDGMENT :

This appeal is directed against the judgment of conviction and order of sentence rendered by the Court of IV Addl. District and Sessions Judge sitting at Madhugiri in Tumkur District in S.C. No.5042/2014 dated 09.09.2016, whereby convicted the accused for the offences punishable under Sections 302 and 201 of IPC, 1860 and directed to undergo imprisonment for life and sentence to pay a fine of Rs.5,000/-and in default of payment of fine amount, he shall undergo simple imprisonment for period of 1 year for the offence punishable under Section 302 of IPC. The accused shall undergo simple imprisonment for a period 3 years and sentenced to pay a fine of Rs.5,000/-and in default of payment of fine amount, he shall undergo simple imprisonment for a period of 1 year for the offence punishable under Section 201 of IPC. The sentences awarded in both the counts of the offences shall run concurrently.

2. Heard Sri G.M.Ananda, learned counsel for the appellant and Sri Vijaykumar Majage, learned SPP-II and perused the judgment of conviction and order of sentence rendered by the trial Court in S.C.5042/2014.

3. The factual matrix of this appeal are as under.

It is transpired in the case of

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