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THE HIGH COURT OF KARNATAKA
G BASAVARAJA, J
MR LINGARAJA N. R – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. judgment on conviction and appeal process. (Para 1 , 3 , 4) |
| 2. arguments raised by the appellants regarding credibility of evidence. (Para 7 , 8) |
| 3. court's examination of the evidence and findings. (Para 12 , 13 , 14) |
| 4. legal reasoning leading to acquittal. (Para 27 , 29) |
ORAL JUDGMENT
Appellants/accused 1, 2, 4 and 5 have preferred these appeals against the judgment of conviction and order on sentence passed by the Principal District and Sessions Judge, Tumkur in S.C.No.261/2012 dated 22.04.2013 (for short "the trial Court").
2. Parties are referred to as per their rank before the trial Court.
3. Brief facts leading to these appeals are that the Circle Inspector of Police, Kyatasandra Police Station, Tumkur submitted charge sheet against the accused for the offence punishable under Section 395 of Indian Penal Code (for short ' IPC '). The prosecution alleges that on 29.01.2011 at 00.15 hours, near the bus stop of Chikkahalli, within the limits of Kyatasandra Police Station, Tumkur, accused Nos.1, 2, 4 and 5 along with juvenile accused No.3 and absconding accused No.6, committed dacoity of mobile phone and cash of Rs.13,000/- belonging to CW.1-Noorulla, threatening hi
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