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2023 Supreme(Online)(KAR) 1404

HIGH COURT OF KARNATAKA
B.VEERAPPA, K.S. HEMALEKHA, JJ
SRI RAKESH A. LOY D’SILVA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: SRI SUYOG HERELE E., SRI VIJAY KUMAR MAJAGE
For the Respondents: SRI SUYOG HERELE E., SRI VIJAY KUMAR MAJAGE

Table of Content
1. filing criminal appeals against conviction and acquittal. (Para 1 , 2)
2. police investigation based on eyewitness statements. (Para 3 , 4 , 5)
3. evidence presented and charge framing in court. (Para 6 , 7 , 8)
4. arguments regarding the appropriateness of conviction. (Para 10 , 11 , 12)
5. court's re-evaluation of evidence and witness testimony. (Para 14 , 15 , 16)
6. validation of eyewitness accounts and victim's injuries. (Para 18 , 19 , 20)
7. legal thresholds for conviction under attempted murder. (Para 28 , 29 , 30 , 31)
8. final rulings on conviction and sentencing. (Para 34)

JUDGMENT

2. The State has filed Criminal Appeal No.125/2017 challenging the acquittal of the accused for the offence punishable under Sections 504 and 307 of IPC .

4. Investigating Officer during the investigation, seized M.O.1-knife and other three material objects M.O.2- blue color Barmuda Chaddi, M.O.3-white/brown color Nicker, M.O.4-Baniyan and recorded the statement of the witnesses and drawn the mahazar in the presence of pancha witnesses.

6. In order to prove the case, the prosecution has examined in all 09 witnesses as PWs.1 to 9 and marked the documents as Exs.P.1 to P.15 and Materia

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