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2023 Supreme(Online)(KAR) 15810

BENCH AT DHARWAD
KRISHNA GANAPU NAIK – Appellant
Versus
STATE OF KARNATAKA – Respondent


Revision petitioners-accused Nos.1 to 4 feeling aggrieved

by judgment of first Appellate Court on the file of Prl. District

and

Sessions

Judge,

Uttar

Kannada,

Karwar

in

Crl.A.No.102/2006, dated 11.2.2021, preferred this revision

petition.

- 3 -

Parties to the petition are referred with their ranks

as assigned in the trial Court for the sake of convenience.

The

factual

matrix

leading

to

the

case

of

prosecution can be stated in nutshell to the effect that on

19.9.2004 at about 4.45 p.m. accused persons formed

themselves into unlawful assembly came to the house of

complainant and they abused complainant in filthy language.

When complainant questioned about removal of coconuts which

were fallen in the land encroached by complainant, accused

No.3 assaulted complainant on his right fore arm and other

accused assaulted complainant with hands and stones. As a

result, complainant sustained grievous injuries. On these

allegations made in complaint, case was registered in Crime

No.214/2004 of Kumata police station for the offences

punishable under Sections 326, 504, 506 of IPC. The

investigating officer on completion of investigation filed charge

sheet.

In response to summons, accused

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