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2024 Supreme(Online)(Kar) 41551

KARNATAKA HIGH COURT
NAGAMMA – Appellant
Versus
STATE OF KARNATAKA BY – Respondent


JUDGMENT

The complainant has filed this appeal under Section

372 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as `the Cr.P.C.'), challenging the judgment of acquittal dated 22.03.2018 passed by the learned II Additional District and Sessions Judge, Mandya (hereinafter for brevity referred to as the `Sessions Judge's Court') in S.C.No.209/2011 acquitting the accused Nos.1 and 2 of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as `the IPC').

2. The summary of the case of the prosecution as could be gathered from the materials placed before this Court is that the present appellant/complainant Smt. Nagamma had two sons by name Sri. Nagarajamurthy aged about 32 years (hereinafter for brevity referred to as the 'deceased') and Sri. Girish aged about 27 years. The said deceased was a Social Worker and was involved in all the social activities. On the date 05.03.2004 the said deceased was moving along with accused Nos.2 and 3 at about 10.00 p.m. in Megalapura Village of Malavalli Taluk. The said deceased was alleged to have established illicit relationship with accused No.1 - S

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