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2023 Supreme(Kar) 1154

H. B. PRABHAKARA SASTRY, UMESH M. ADIGA
Uday Kumar B. G. – Appellant
Versus
Shantha Kumar – Respondent


Advocates appeared:
Narayana Reddy M., Advocate, M.Sharass Chandra, Advocate, P.Thejesh, Advocate

JUDGMENT

DR.H.B.PRABHAKARA SASTRY, J.

The Original Complainant has filed this appeal under Sec. 372 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as 'the Cr.P.C.'), challenging the judgment of acquittal dtd. 5/7/2017, passed by the learned I Additional Sessions Judge, Kolar (hereinafter for brevity referred to as the 'Sessions Judge's Court') in S.C.No.164/2014, acquitting the accused Nos.1 to 4 of the offences punishable under Ss. 504, 324 and 307 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as 'the IPC').

2. The summary of the case of the prosecution is that, in connection with drawing a separate water pipeline to the house of accused No.1 from a bore-well tank built for the common use of all the villagers of Gandlahalli which had taken place on 1/12/2013, the accused Nos.1 to 4 in furtherance of their common intention to assault and kill PWs-1 to 3, assaulted PWs-1 to 3 with two surgical blades and two clubs, on 2/12/2013 at 9.30 p.m., in front of Shri Chandramouleshwara Tempe situated at Gandlahalli Village within the limits of complainant police station and in the said process, also abused PWs-1 to 3 in fi

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