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2022 Supreme(Online)(Kar) 203

HIGH COURT OF KARNATAKA
H.P. SANDESH, J
THIMMAIAH – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: SRI HASHMATH PASHA, SRI NASIR ALI
For the Respondents: SMT.RASHMI JADHAV

Table of Content
1. allegation of grievous assault during a domestic conflict. (Para 2 , 3)
2. discussion of evidentiary standards and prior case references. (Para 4 , 5 , 6 , 8)
3. assessment of court's evaluation of witness reliability. (Para 12 , 19)
4. conclusion on reduced sentence and compensation adjustments. (Para 20 , 21)

ORDER

2. The factual matrix of the case of the prosecution is that on 16.09.2005 at about 7.30 p.m. in SC/ST colony of Dambadahalli Village when P.W.1 and P.W.2 were there in the house, the accused tress-passed the house of P.W.1 and P.W.2 and abused P.W.1 in a filthy language and assaulted her with a chopper on her left hand thumb and left leg knee and caused grievous injuries, which has resulted in fracture of tibia. The motive for committing the assault is that P.W.1 got married to one Dharmesh, who is the brother-in-law of the accused as against the wishes of the accused. Based on the complaint, the police have registered the case at the first instance for the offence punishable under Sections 448 , 504 and 324 of IPC . During the course of investigation, came to know that there was a fracture and hence while filing the charge-sheet, instead of Section 32

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