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2024 Supreme(Online)(KAR) 9189

HIGH COURT OF KARNATAKA
MR JUSTICE MOHAMMAD NAWAZ, J
SRI RAJA @ CHAPPANI – Appellant
Versus
STATE BY K P AGRAHARA P S – Respondent


Advocates:
SRI. P NEHRU, SRI. HARISH GANAPATHY

JUDGEMENT

This appeal is preferred against the Judgment and Order dated 28.02.2012 and 20.03.2012 passed by the Presiding Officer, Fast Track Court-IX, Bangalore in SC No.779/2011.

2. Vide impugned judgment, the trial Court has convicted the appellant/accused No.1 for an offence punishable under Section 307 IPC and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.5,000/- and in default to pay fine amount, to undergo simple imprisonment for one month.

3. Heard both the sides and perused the material on record.

4. Charges were framed against accused No.1 for offences punishable under Section 307 and 427 IPC, against accused No.2 for the offence punishable under Section 323 IPC and against accused Nos.1 and 2 for the offence punishable under Section 504 r/w 34 IPC.

5. It is the case of prosecution that on 02.11.2010 at about

9.40 p.m., near Sridurga Condiments, Keshavanagara, Magadi Road, accused No.1 tried to stab on the abdomen of CW2-Praveen Shetty with a knife and when he tried to protect himself, sustained injury to his right little finger. Further, accused No.1 caused damage to the bottles kept in the shop by hitting with the stones and caused loss

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