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THE HIGH COURT OF KARNATAKA
G BASAVARAJA, J
THIMMARAJU S/O DHANUCHAAIAH – Appellant
Versus
THE STATE BY CHELURU POLICE – Respondent
| Table of Content |
|---|
| 1. conviction based on inadequate evidence. (Para 1 , 2 , 4 , 26) |
| 2. arguments regarding reliability of prosecution witnesses. (Para 9 , 11) |
| 3. re-evaluation leading to acquittal. (Para 28 , 29) |
ORAL JUDGMENT
1. The appellants have preferred this appeal assailing the judgment of conviction and order of sentence dated 05.08.2013 passed by the Principal District and Sessions Judge, Tumkuru in S.C.No.184/2012 whereby the appellants were convicted for the offence punishable under Sections 447 , 353, 504 and 307 read with Section 34 of IPC .
2. The parties are referred to as per their rank before the Trial Court.
3. The brief facts leading to the filing of this appeal are that the Sub-Inspector of Police, Belur police station, Tumkur division filed a charge sheet against the accused for the offences punishable under Sections 307 , 447, 353 and 504 read with Section 34 of IPC .
4. It is the case of the prosecution that on 23.07.2011 at about 10:00 p.m. in the forest area in Sy.No.4 of Arenahalli, Nittur Hobli, Tumkur Taluk, the accused, in furtherance of their common intention, committed criminal tress-pass into the forest land by bringing a tractor with trailer bearing No.KA-11
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