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2024 Supreme(Kar) 449

SREENIVAS HARISH KUMAR, S RACHAIAH
Abdul Samad @ Samad S/O. Abdul Ajeej Sab – Appellant
Versus
State Of Karnataka By Ramanagara Town Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. C H Hanumantharaya, Advocate, Sri. Sandesh J Chouta, Senior Advocate For Sri. S Sunil Kumar, Advocate For Sri. K Raghavendra, Advocate, Sri. C Parameshwarappa, Advocate, Sri. Naushad Pasha, Advocate
For the Respondent: Smt. Sumathi, Spl.Pp

JUDGMENT :

S RACHAIAH, J.

1. These three appeals arise out of the judgment of conviction dated 11.12.2017 and order on sentence dated 12.12.2017 in S.C No.35/2015 on the file of I Additional District and Sessions Judge at Ramanagara for the offences punishable under Sections 120-B, 506, 302 r/w 149 of IPC and Sections 25(1-B) of Arms Act, 1959.

2. The ranks of the parties in the Trial Court will be considered henceforth for convenience.

Brief facts of the case:

3. It is the case of the prosecution that the brother of Nizam Pasha lodged a complaint stating that he had received a message on 13.01.2015 around 3.45 p.m., that his brother was being assaulted by unknown persons near KEB office. Immediately, he went to the place of occurrence and saw his brother lying on the ground with severe bleeding injuries on all over the body. On enquiry, he came to know that Samad and others assaulted his brother and ran away from the spot. Immediately, the injured was taken to the hospital in an auto-rickshaw, but, he succumbed to the said injuries. Therefore, he lodged a complaint against accused No.1 and others.

4. The jurisdictional police registered a case in Crime No.10/2015 for the offences under

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