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2022 Supreme(Kar) 1515

H. T. NARENDRA PRASAD, RAJENDRA BADAMIKAR
State of Karnataka – Appellant
Versus
Mallikarjuna Kadappa Pati – Respondent


Advocates appeared:
Sri V.M. Banakar, Addl. SPP, for the Appellant; Sri Shivaraj S Balloli, Advocate, for the Respondent.

JUDGMENT

1. These two appeals are filed by the State and the father of the deceased against the judgment of acquittal passed by 12th Addl. District and Sessions Judge, Belagavi sitting at Gokak in S.C.No.251/2014 dated 15.11.2017.

2. Crl.A.No.100115/2018 is filed by the State under Section 378(1) and (3) of Cr.P.C. while Crl.A.No.100022/2018 is filed by PW-8 under Section 372 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for short)

3. As both these appeals are arising out of the same judgment of acquittal, they are heard together and common order is being passed.

4. For the sake of convenience, the parties herein are referred to with their original ranks occupied by them before the trial Court.

5. Brief factual matrix leading to the case is as under:

That on Bhupal Hanji has filed a complaint with Mudalagi police station that on 27.03.2013 alleging that his land is situated near Mudalagi-Sunadholi road on bank of Ghataprabha river and he is cultivating the said land. On 27.03.2013 at about 11.00 a.m., when he was watering the sugarcane crop, he noticed people gathered near river bridge and out of curiosity, he went there and noticed that a dead body was float

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