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KARNATAKA HIGH COURT
K.S.Mudagal, M.G.S. Kamal, JJ
GIRISHA ALIAS GIRISH ALIAS GIRI S/O GURUVA – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. overview of conviction and background facts. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding inconsistencies of evidence. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's observations on prosecution evidence and contradictions. (Para 18 , 19 , 20 , 21 , 22 , 23 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43) |
| 4. final decision on appeal and acquittal. (Para 44) |
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.G.S. KAMAL)
This appeal is against the Judgment and order dated 30.11.2017 passed in S.C.No.5013/2017 on the file of II Additional District and Sessions Judge, Kodagu- Madikeri sitting at Virajpet (hereinafter referred to as 'trial Court' for short) by which the appellant has been convicted and sentenced to undergo simple imprisonment for life for the offence punishable under Section 302 Indian Penal Code and to pay fine of Rs.5,000/-. In default of payment of fine to undergo further simple imprisonment for six months.
2. Case of the prosecution is that appellant-accused and one Mohan-victim, being daily workers used to sleep at Ambedkar Samudaya Bhavana (Ambedkar Community Hall) situated at Gonikoppal. That
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