Both these appeals have arisen out of a common

judgment dated 27.11.2019 passed by the First Additional

District and Sessions Judge, at Haveri (hereinafter for

brevity referred to as ‘the Sessions Judge’s Court’) in S.C.

No.35/2012 and S.C. No.38/2012.

Learned counsels from both side are physically

present. Learned counsels from both side including the

learned

Additional

State

Public

Prosecutor

for

the

respondent-State make a joint submission that admittedly,

both the sessions cases have arisen from out of a case and

a counter-case, though both the cases were shown to

have been tried separately, however, it appears that the

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learned Sessions Judge has heard the arguments together

and has passed the common judgment which is not in

accordance with the judgment of Full Bench of this Court

reported in State of Karnataka, by Circle Inspector of

Police –vs- Hosakeri Ningappa and another, reported in

ILR 2012 KAR 509. With this, both side submit that the

impugned judgment deserves to be set aside and the

matter requires to be remanded to the Sessions Judge’s

Court with a direction to hear the final arguments afresh

and dispose of both the cases on the line of guidelines in

the abov