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M.M.PUNCHHI, K.JAYACHANDRA REDDY
Shivalingapppa Kallyanappa – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

K. Jayachandra Reddy, J. – This is an appeal under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act read with Section 379, Cr. P.C. All the five accused (original accused Nos. 1 to 5) in the case are the appellants. They were tried for offences punishable under Sections 147, 148, 302/149 and 326/149, I.P.C. The trial court acquitted them. The State preferred an appeal and the High Court reversed the order of acquittal and convicted the accused for the said offences and sentenced them accordingly. The prosecution case is as follows:

2. Basappa son of Shankarappa Bagewadi and Murigeppa son of Dundappa Bagewadi, the two deceased persons in the case, the accused and the material witnesses are all related to each other. A-1 to A-4 are the residents of Village Mathur and A-5 is a resident of Village Kankanwadi, lamkhandi Taluk, Bijapur District. A-I to A-4 are the sons of one Kallyanappa and the two deceased persons were the sons of brother of Kallyanappa. A-5 is a friend and neighbouring cultivator of A-1 to A-4. Kallyanappa and his brothers divided the joint family properties and got separated a long time back except with regard .to the land

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