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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 23^RD DAY OF NOVEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE H.P.SANDESH

CRIMINAL APPEAL No.200096/2014

BETWEEN:

BABUMIYAN,

S/O ABDULSAB MOMIN,

AGE: 52 YEARS,

R/O RANJOL.

...APPELLANT

(BY SRI PRASHANT S. KUMMAN, ADVOCATE)

AND:

THE STATE THROUGH

SEDAM POLICE STATION,

REP BY ADDL. PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA

AT GULBARGA BENCH-585103.

...RESPONDENT

(BY SRI SHARANABASAPPA M. PATIL, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

374(2) OF CR.P.C. PRAYING THIS COURT TO SET ASIDE THE

JUDGMENT AND ORDER DATED 08.09.2014 IN SESSIONS

CASE No.61/2012 ON THE FILE OF PRINCIPAL SESSIONS

JUDGE

AT

GULBARGA,

WHEREIN

CONVICTING

THE

ACCUSED/APPELLANT PUNISHABLE UNDER SECTIONS 306

R/W 34 OF IPC.

THIS APPEAL COMING ON FOR FINAL HEARING THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

This appeal is filed challenging the judgment of

conviction and sentence dated 08.09.2014 passed in

S.C.No.61/2012 for the offence punishable under Section

306 of IPC sentencing the accused for a period of two

years and also to pay fine of Rs.3,000/-.

2.

The factual