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2024 Supreme(Online)(Kar) 36753

KARNATAKA HIGH COURT
VINOD @ THALAKADU S/O SUNDAR – Appellant
Versus
STATE OF KARNATAKA BY – Respondent


JUDGMENT

This appeal is filed by the sole accused praying to set aside the judgment of conviction and order of Sentence passed in S.C.No.812/2010 by the Principal City Civil and Sessions Judge, Bengaluru. Appellant/accused has been convicted for offence punishable under Section 324 of Indian Penal Code (for short hereinafter referred to as`IPC’) and sentenced to undergo simple imprisonment for a period of two years.

2. The case of the prosecution is that the accused had love affair with sister of PW-3/Harsha and called him through phone regarding the love affair. PW-3/Harsha came to the place as directed by the appellant/accused on 02.02.2010 at about 11.30 a.m along with PW- 2/Prabhakar and PW-1/ Laxminarayan, to the junction corner of 4th Main and 7th cross in front of a hotel at Chamarajapet. Accused is also came there on two wheeler, abused and slapped the PW-3/Harsha and tried to slap on PW-2/Prabhakar. At that time PW- 1/Laxminarayan intervened and pushed the appellant/accused as to why he has assaulted, at that time appellant/accused threatened the PW-1 and took a knife from his jacket and assaulted the PW-1. PW-1 tried to escape and sustained injury on lower abdomen. Charge

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