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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF NOVEMBER, 2020

PRESENT

THE HON'BLE MR. JUSTICE B. VEERAPPA

AND

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL APPEAL NO.1023 OF 2014

CONNECTED WITH

CRIMINAL APPEAL NO.4 OF 2015

IN CRL.A.NO.1023/2014

BETWEEN:

SMT. RAJESWARI

W/O. LATE CHALAPATHI,

AGED ABOUT 31 YEARS,

COOLIE WORK,

RESIDENT OF

CHIKKAVALAGAMADI VILLAGE,

BANGARPET TALUK,

K.G.F. – 563 114.

... APPELLANT

(BY SRI P.V. JAINAPUR, ADV.)

AND:

1.

STATE OF KARNATAKA

BY BANGARPET POLICE STATION,

REPRESENTED BY THE

STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BENGALURU – 560 001.

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2.

SRI GOVINDAPPA

S/O. NARAYANAPPA,

AGED ABOUT 30 YEARS,

R/O. CHIKKAVALAGAMADI VILLAGE,

BANGARPET TALUK,

K.G.F. – 563 114.

... RESPONDENTS

(BY SRI VIJAYAKUMAR MAJAGE, ADDL. S.P.P. FOR R1;

SRI M.R. NANJUNDA GOWDA, ADV., FOR R2)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372

OF THE CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND

ORDER OF ACQUITTAL IN S.C.NO.26/2013, DATED 12.09.2014

PASSED BY THE ADHOC DISRICT AND SESSIONS JUDGE, FAST

TRACK COURT, THEREBY ACQUITTING THE RESPONDENT

NO.2/ACCUSED OF THE OFFENCE P/U/S 302 OF IPC.

IN CRL.A.NO.4/2015

BETWEEN:

STATE BY POLICE SUB-INSPECTOR

BANGARAPET POLICE STATION,

BANGARAPET – 563 114.

... APPELLANT

(BY SRI VIJAYA KUMAR MAJAGE, ADDL. S.P.P.)

AND:

GOVINDAPPA

S/O. NARAYANAPPA,

AGED ABOUT 28 YEARS,

RESIDING AT CHIKKAVALAGAMADI

VILLAGE,

BANGARAPET TALUK - 563 114.

... RESPONDENT

(BY SRI M.R. NANJUNDA GOWDA, ADV.)

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* * *

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

378 (1) AND (3) OF THE CR.P.C PRAYING TO (a) GRANT LEAVE

TO APPEAL AGAINST THE JUDGMENT AND ORDER OF

AQUITTAL DATED 12.09.2014 PASSED BY THE LEARNED

PRESIDING

OFFICER,

FAST

TRACK

COURT,

K.G.F.,

IN

S.C.No.26/2013,

THEREBY,

ACQUITTING

THE

RESPONDENT/ACCUSED

OF

THE

OFFENCE

PUNISHABLE

UNDER SECTION 302 OF THE IPC AND ETC.

THESE CRIMINAL APPEALS HAVING BEEN HEARD AND

RESERVED FOR JUDGMENT ON 12.11.2020 AND COMING ON

PRONOUNCEMENT THIS DAY, NATARAJAN, J., DELIVERED

THE FOLLOWING:

J U D G M E N T

Crl.A.No.1023/2014 is filed by the complainant-

appellant and Crl.A.No.4/2015 is filed by the State

against

the

judgment

of

acquittal

made

in

S.C.No.26/2013 dated 12.09.2014 on the file of the

Adhoc District and Sessions Judge, Fast Track Court,

KGF (hereinafter referred to as ‘trial Court’) for having

acquitted the accused person for the offence punishable

under Section 302 of Indian Penal Code (for short ‘IPC’).

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2.

The rank of the parties before the trial Court

is retained for the sake of convenience.

3.

The case of the prosecution is that the

accused-Govindappa and the deceased-Chalapathi were

friends working as maison at Bengaluru and they used

to travel to Bengaluru and return back together. About

7 to 8 months prior to the incident, the accused fell in

love with a girl and the accused was about to marry her.

At that time, the deceased disclosed the fact to the

parents of the girl that the accused is already a married

person and having children. Due to which, the marriage

proposal of the accused was broken. From that day

onwards, the accused developed animosity against the

deceased. On that background, on 07.11.2012 at 7.45

p.m., when the accused was waiting for the bus to

proceed to his village, at that time, the deceased came

in the motorcycle bearing registration No.KA-05-EQ-

7759 and picked the accused. The accused traveled as

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pillion rider in the motorcycle and while proceeding on

the way, the accused on the previous animosity

assaulted on the hand. Due to which, the deceased

along with the accused fell down from the vehicle. Then

the accused with an intention to kill the deceased-

Chalapa