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2023 Supreme(Online)(KAR) 12036

BENCH AT DHARWAD
ABDUL SAB – Appellant
Versus
THE STATE OF GADAG RURAL – Respondent


Appellant-accused feeling aggrieved by the judgment

of conviction and order of sentence passed by Additional

District and Sessions Judge, Gadag in S.C.No.32/2013,

dated 29.03.2014, preferred this appeal.

2.

Parties to the appeal are referred with their

ranks as assigned in the trial Court for the sake of

convenience.

3.

The factual matrix leading to the case of

prosecution can be stated in nutshell to the effect that on

27.12.2011 in front of Kannada School on public place

near bus-stand of Adavisomapur village at 19:30 hours,

accused picked up quarrel with complainant as the

complainant and accused were banter each other.

However, accused took the same as serious and started

abusing complainant in filthy language so as to provoke

the complainant to commit breach of public peace. On

these allegations, investigating officer has carried out

- 3 -

investigation and filed charge-sheet for the offences

punishable under Sections 323, 307 and 504 of IPC.

4.

The accused was secured before trial Court

through the process of law and trial Court after being

prima-facie satisfied framed charges against accused for

the aforesaid offences. Accused pleaded not guilty and

claimed to be tried.

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