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THE HIGH COURT OF KARNATAKA
G BASAVARAJA, J
SHIVAPRAKASHA @ PRAKASHA S/O YOGESHA – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. basic facts of the assault incident. (Para 3 , 4 , 9) |
| 2. court's analysis of evidence and its inconsistency. (Para 10 , 36) |
| 3. arguments regarding the reliability of witness testimonies. (Para 12 , 13 , 14 , 18) |
| 4. conclusion on lack of sufficient evidence to uphold convictions. (Para 38 , 46) |
| 5. final verdict and implications for the accused. (Para 47) |
ORAL JUDGMENT
1. Appellants have preferred this appeal against the judgment of conviction and order on sentence dated 25.09.2019 passed in Spl.(A) Case No.59/2013 by the II Additional District and Sessions Judge, Shivamogga (for short 'the trial Court).
2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.
3. Brief facts leading to this appeal are that, the Dy.S.P, Bhadravathi Sub Division has submitted the charge sheet against the accused for the commission of offences punishable under Sections 141 , 143, 144, 504, 323, 324, 326, 506(2) and 307 r/w section 149 of IPC and under sections 3(1)(x) and 3(2)(v) of the SC&ST (POA) Act, 1989.
4. It is alleged by the prosecution that, CWs.1 to 4 belong to Scheduled Caste community and accused belong to Kuruba and Lingayath communitie
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