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2023 Supreme(Kar) 558

H. P. SANDESH, RAMACHANDRA D. HUDDAR
Linganagouda @ Santosh, S/o. Martandagouda – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. L.S.SULLAD, SRI.M.B.GUNDAWADE, ADDL. STATE PUBLIC PROSECUTOR
For the Respondent:SRI.M.B.GUNDAWADE, SRI.SANTOSH NARAGUND, SRI.B.V.SOMAPUR, SRI.B.C.JNANAYYASWAMI, ADVOCATE

JUDGMENT :

1. These two appeals are filed by the son of the deceased-victim and the State challenging the judgment of acquittal passed by the Trial Court against the accused persons for the offence punishable under Sections 143, 147, 120-B, 364, 302, 201 and 506 read with Section 149 of IPC and prayed the Court to set aside the judgment passed in Sessions Case No.37/2012 dated 30.03.2019 and convict the accused persons and sentence them for the charges levelled against them.

2. The factual matrix of the case of the prosecution is that one Martandagouda was missing from 11.12.2011, the same was communicated to his son, who was studying Engineering at Laxmeshwar by his mother that the deceased Martandagouda not returned to home from 11.12.2011 onwards. The son of the deceased Linganagouda came to Kurtakoti and made searches and could not trace him. Hence, he lodged the complaint in terms of Ex.P2 with the jurisdictional police on 16.12.2011 at 15.45 hours which was registered as Crime No.277/2011. While lodging the complaint, the description of clothes lost worn by him and mobile IME number of the handset of said Martandagouda was given in the complaint and he was not traced. That on 0

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