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2025 Supreme(Kar) 1945

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S. MUDAGAL, VENKATESH NAIK T
Chandra, S/o. Dasanna – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
For the Appellant :Sri P.D. Subrahmanya, Amicus Curiae, Sri Prathap S.S., Advocate
For the Respondent: Smt. Rashmi Jadhav, Additional S.P.P.

JUDGMENT :

VENKATESH NAIK T, J.

Challenging the order of conviction and sentence, accused Nos.1 and 2 in S.C.No.5022/2014 dated 09-11-2018 on the file of the II Additional District and Sessions Judge, Ramanagara, to sit at Kanakapura, has preferred this appeal.

2. The appellants were tried in S.C.No.5022/2014 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short, ' IPC ') on the basis of the charge-sheet filed by Harohalli Police Station in Crime No.74/2014 of their Police Station.

3. The appellants are accused Nos.1 and 2 in S.C.No.5022/2014. For the purpose of convenience, the parties herein are referred to henceforth according to their ranks before the trial Court.

4. The case of the prosecution in brief is as follows:

Accused No.2 was given in marriage to Sri Mante Lingaiah (hereinafter referred to as 'victim'). Accused No.2 developed illicit relationship with accused No.1 and the victim was the obstacle for their relationship. Hence, they hatched a plan to eliminate the victim. Accordingly, on 05.03.2014 at 11:00 p.m., when the victim was sleeping in the farm house at Survey No.83 of Sidi Deverahalli, accused No.1 came to the hou

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