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2023 Supreme(Online)(KAR) 18936

BENCH AT KALBURAGI
DR. PARAMVIRSINGH RAI AND ORS – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


This petition under Section 482 of Cr.P.C. is filed by

the petitioners - accused Nos.1, 2, 5 to 10, challenging the

proceedings in C.C.No.774/1996, on the file of the I

Additional Civil Judge (Jr. Dn) and JMFC-I, Vijayapur.

- 4 -

02. The summary of the charge-sheet is that, the

petitioners – accused herein by forming an unlawful

assembly and holding deadly weapons entered the room of

the complainant and assaulted him and one Anand.

03. Heard the learned counsel for the petitioners –

accused herein and the learned High Court Government

Pleader for the respondent – State.

04. The learned Magistrate after accepting the

charge-sheet took cognizance for the aforesaid offences.

CW.1 the injured witness and the complainant did not

appear before the Trial Court to tender their evidence,

though sufficient opportunity was granted to them. The

Trial Court taking into account of the same, has closed the

side of prosecution to tender the evidence of CW.1. Except

the investigating officer – PW.10, none of the injured –

witnesses have been examined.

- 5 -

05. The petitioners - accused herein, CW.1 along

with Anand had filed an application under Section 320 of

Cr.P.C. for compounding the

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