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2023 Supreme(Online)(KAR) 3827

HIGH COURT OF KARNATAKA
K.S.MUDAGAL,ANIL B KATTI
TIRUPATI S/O KAMANNA CHIGRIHAL AND ORS – Appellant
Versus
THE STATE THROUGH – Respondent


Aggrieved by the order of conviction and sentence

passed against them for the offences punishable under

Sections 143, 147, 148, 302, 324 read with section 149

IPC, accused Nos.2 to 9 in S.C.No.26/2010 on the file of

the District and Sessions Judge, Yadgir have preferred the

above appeal.

2.

The appellants and accused No.1 were tried in

S.C.No.26/2010 for the aforesaid offences on the basis of

the charge sheet filed by Kembhavi Police in Crime

No.44/2009 of their Police Station. Crime No.44/2009 was

registered by Kembhavi police on the basis of complaint of

PW.1 as per Ex.P1. During pendency of S.C.No.26/2010

accused No.1 died. Therefore the case against him

abated.

The case of the prosecution in brief is as

follows:

(i)

PW.1 is the cousin brother of deceased

Devappa. That accused No.1 was running a Fair-Price shop

4

in the village Shakapura under the Public Distribution

Scheme. Instead of distributing the said groceries to

beneficiaries, he was selling them to the traders in market.

The villagers complained to deceased Devappa about such

acts of accused No.1. Devappa admonished accused No.1

for such of his acts. Being enraged by that accused No.1

and other accused were nursing il

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