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2023 Supreme(Online)(KAR) 949

HIGH COURT OF KARNATAKA
MR SURAJ GOVINDARAJ, MR G BASAVARAJA, JJ
ARAVIND S/O SURESH HIPPARAGI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: K.S.PATIL, VISHAL PRATAP SINGH
For the Respondents: V.M.BANAKAR

Table of Content
1. filing of criminal appeal and judgments (Para 1 , 3)
2. details of evidence and arguments presented (Para 5 , 6 , 8 , 14)
3. challenges by appellants regarding prosecution's evidence (Para 9 , 10 , 11)
4. court's responsibilities in trial process (Para 12 , 13 , 22)
5. court's judgment and the resulting order (Para 43)

JUDGMENT

2. Rank of the parties is referred to as per their ranks before the Trial Court for the sake of convenience.

3.1 Accused No.1 had borrowed a loan of Rs.2,00,000/- from the brother of complainant namely, Balu on 27.11.2014 by executing promissory note promising to repay the same within a week. As accused No.1 failed to keep up his promise, Balu was repeatedly demanding accused No.1 to repay the loan amount as he was in need of money for construction of his new house. Accused No.1 to get rid off him and from not repaying the loan, decided to take away the life of Balu and took the help of accused No.2, who is his friend by offering him Rs.30,000/-.

3.3 About 11.30 a.m., accused No.2 assaulted Balu on his head with iron rod. As a result, Balu fell along with the motorcycle near the sugarcane field of C.W.19, then accused No.1 took the knife from accu

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