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THE HIGH COURT OF KARNATAKA
G BASAVARAJA, J
MR NOUFOL S/O R MOHAMMAD R/AT KUTHAR PADAV HOUSE NEAR MUNNUR SCHOOL MUNNUR VILLAGE KUKKADAKATTE MANGALOTE TQ, DK – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. background of appeal and initial facts. (Para 1 , 3 , 4 , 5 , 6 , 8) |
| 2. arguments from appellants and respondents. (Para 9 , 11) |
| 3. court's observations on evidence and identification. (Para 10 , 12 , 13 , 15 , 17 , 25) |
| 4. key reasoning for acquittal based on evidence. (Para 14 , 18 , 19 , 20) |
| 5. final decision and order. (Para 26 , 27) |
ORAL JUDGMENT
The appellants/accused Nos.1 to 4 have preferred this appeal against the judgment of conviction and order on sentence passed by the Additional Session Judge, Fast Track Court, Puttur, D.K. in SC No.75/2011 dated 16.10.2012.
2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.
3. Brief facts leading to this appeal are that, the Circle Inspector of Police, Belthangady Circle submitted the charge- sheet against the accused for the offence punishable under Section 395 and 397 of Indian Penal Code .
4. It is alleged by the prosecution that, on 24.01.2011 at 05.30 a.m. on Ujire-Charamudi Public Highway, all the accused have committed dacoity on CW1 and CW2, who were proceeding on a motorcycle by assaulting them with iron rod and hands. They have robbed one gold chain, one wa
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