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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
1. This appeal is filed by accused Nos.1, 2 and 4, praying to set-aside the judgment of conviction and order on sentence dated 22.01.2013 passed in S.C.No.137/2011 by the Additional District and Sessions Judge, Mandya. The appellants have been convicted for the offence under Section 324 r/w Section 34 of the Indian Penal Code, 1860 (for short hereinafter referred to as ‘ IPC ’) and sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.1,000/- each and in default, to undergo rigorous imprisonment for a period of one month. The Trial Court has ordered for payment of compensation of Rs.5,000/- to PW2 and Rs.1,000/- to PW3 and the same has to be paid by accused Nos.1, 2 and 4.
2. The factual matrix of the prosecution case are as u
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