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2021 Supreme(SC) 813

SANJAY KISHAN KAUL, M. M. SUNDRESH
Mohan @Srinivas @ Seena @Tailor Seena – Appellant
Versus
State Of Karnataka – Respondent


Advocates appeared:
For the Appellant(s) :Shekhar G. Devasa, Manish Tiwari, Shashi Bhushan Nagar, M/S. Devasa & Co., Advocates
For the Respondent(s):Shubhranshu Padhi, Ashish Yadav, Rakshit Jain, Vishal Banshal, V. N. Raghupathy, Md. Apzal Ansari, Advocates

JUDGMENT :

M.M. SUNDRESH, J.

1. A well merited judgment of the Court of Sessions acquitting two young men accused of murdering a police officer, was overturned by the High Court convicting them for life. Seeking to set themselves at liberty, these appeals are before us.

2. We have heard learned counsel appearing for the parties, perused documents and the written arguments filled. Incidentally we called for the trial court records and went through them.

FACTS:

3. PW-4 and PW-5 are brothers. The deceased was the maternal uncle of the aforesaid two witnesses. They attacked the mother of A-1 leading to a complaint given to PW-1, Sub-Inspector of Police.

4. Not satisfied with the registration of the first information report qua the offence at the hands of PW-1, a complaint was given before the Lokayukta by A-1. Incidentally, PW-1 was suspended. He was facing other charges as well. It was in vogue even at the time of giving evidence.

5. On the aforesaid motive, both the accused carried three weapons, waylaid the deceased at a signal in a main road at about 5 p.m. and after the initial attack, dragged him to the pavement, and thereafter inflicted multiple injuries. Both the accused and the dece

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