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KARNATAKA HIGH COURT
S.R. KRISHNA KUMAR, C.M. POONACHA, JJ
THE STATE OF KARNATAKA – Appellant
Versus
MOULA S/O. KHASIM SAB – Respondent
| Table of Content |
|---|
| 1. overview of the prosecution case concerning unlawful assembly and property damage. (Para 2) |
| 2. assessment of evidence consistency and application of the principle of parity in acquittal judgments. (Para 5 , 9 , 12) |
| 3. final determination on appeals and dismissal based on procedural adherence and evidence insufficiency. (Para 6 , 10 , 11 , 13 , 14) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
All the above appeals are filed by the State under Section 378 (1) and (3) of the Code of Criminal Procedure , [Hereinafter referred as ‘Cr.P.C.)] The details of the orders impugned in the above appeals are as under:
| Criminal Appeal No. | Sessions Case No. | Date of impugned judgment | Appellant | Respondent (s) | Outcome |
| CRL.A 100430/2019 | SC NO. 5011/2019 | 03.04.2019 | State of karnataka | Accused No.102 -Moula | Acquitted |
| CRL.A 100429/2019 | SC NO. 5068/2018 | 03.04.2019 | State of karnataka | Accused No.55 -Sanna Bagappa | Acquitted |
| CRL.A 100216/2021 | SC NO. 5008/2016 | 07.01.2019 | State of karnataka | Accused No.3 -Anil Kumar Accused No.14 -Pavan Accused No.21 -Chandrashekar | Acquitted |
2. The case of the prosecution in a nutshell is that the complainant is a lessee up to the year 2022 under a subsisting mining lease fo
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