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HIGH COURT OF KARNATAKA
MR SHIVASHANKAR AMARANNAVAR, J
SRI K R SWAMY @ DHANANJAYA S/O RANGEGOWDA – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. conviction for assault under ipc due to land dispute. (Para 1 , 2 , 3) |
| 2. court's observations on trial court's reasoning and probative evidence. (Para 4 , 7) |
| 3. arguments on evidence credibility and independent witnesses. (Para 5 , 6) |
| 4. court's reasoning affirmed conviction based on witness consistency. (Para 8) |
| 5. application of probation of offenders act considering familial ties. (Para 10 , 11) |
JUDGMENT
2. The factual matrix of the prosecution case are as under;
3. In order to prove the charge, the prosecution has examined PWs.1 to 10 and got marked Exs.P1 to P8 and MOs.1 to 7. The statement of the accused persons came to be recorded under Section 313 of Cr.P.C. The Trial Court after hearing the arguments, has formulated the points for consideration and after appreciating the evidence on record, has passed the judgment of conviction, convicting the appellants – accused Nos.1, 2 and 4, as stated above and acquitted accused No.3. The said judgment of conviction and order on sentence has been challenged in this appeal.
5. Learned counsel for the appellants would contend that on perusal of the cross examination of PW4, it is clear that he is not an eye witness, as, by t
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