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THE HIGH COURT OF KARNATAKA
M.G.S. Kamal, J
CHAND PASHA @ MOHD. YAKOOB, SHABBIR PASHA, SIKANDHAR PASHA, JAVID PASHA, JAMSHEED – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. property dispute leading to violent incident. (Para 1 , 2 , 3 , 4 , 5) |
| 2. defense arguments on lack of evidence for grievous harm. (Para 8 , 10 , 11 , 12 , 13 , 14) |
| 3. court's assessment of insufficient medical proof for grievous injuries. (Para 16 , 19 , 20) |
| 4. modification of conviction from 307 to 324 ipc. (Para 23 , 24) |
| 5. court's final orders on appeal outcome and penalties. (Para 27) |
ORAL JUDGMENT
The appellants/accused Nos.1, 2, 3, 4 and 6 are before this Court being aggrieved by the judgment of conviction dated 21.11.2014 and order on sentence dated 29.11.2014, passed by the learned II Addl.Sessions Judge, Kolar, (hereinafter referred to as `trial Court’), in Sessions Case No.195/2011, by which the trial Court has convicted them for the offences punishable under Sections 144 , 148, 307 r/w. Section 149 of the Indian Penal Code, 1860 and sentenced them accordingly.
2. The summary of the case of the prosecution is that, complainant - Mohammed Khuddus filed a complaint as per Ex.P-1 stating that, there was a vacant space measuring 40' x 50' on the rear side of his residential house, which was being claimed by one Chand Pasha @ Mohammad Yakub, which was the reason f
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