IN THE HIGH COURT OF KARNATAKA CIRCUIT BE.N.'_C4u'IA~.I.V AT D1-IARWAD DATED THIS THE 07"' DAY OF DECEMBER:R20g§; " PRESENT THE HON'BLE MR. JUSTICE K. ES«RE EDHAP..AIA'R_AO " AND THE HON'BLE MR. J.J.JzSTI(_ZIE"i§.'g§.V'I-»..MALIi\I§A17EI CRL.APPEALN'O.V?2'I 8I2i.(I0fi _ BETWEEN: SRI. SANGAPFA S,»i'OEV.VL.ACH.@.H.Im._fi'PA'.> SANNABASAPPAN-ACBKAE 3 AGED ABOUT' 2A9}:YEA*R*S,*~.j- M OCC: AGRIVCULTUIIAL'VWORII, ~ I R/O. DEVANAL, 1'Q:'B:AGA_L*KI'.""A..R.PATEL, ADDL. SPP.) HIGH COURT BUILDINGS, RESPONDENT.
CRIMINAL APPEAL IS FILED US.374(1)
‘~,_C~R.P.C. BY THE ADVOCATE FOR THE APPELLANT
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the accused went out, took the spade and hit the dece’ais’ed
N01 and 2 on the head. As a result both of the_1ii”d–ied:
the spot.
2) PW.1 is the brother
deceased had not returned hoir-2.,:eL:i”,~e..V_theAPW; with
PW.8 come to the house o,.fthe aecu.sced’*t_o ca1i1″th.e..Ii).1. At
that time the accused was idsis,a’uiri.£gg and D.2. The
PW.1 and 8 are ‘eyeiiwittiess«eis’viiit_outheincident. The
PW.9 is the a child witness
aged about 6. ‘s’ieVaii”sj;:-Qiilihie’Vicicorrioiaint is lodged by the
brother of at about 03-30 a.m. at
VThei”po..stmortem report discloses that the
is on account of head injury. The
i3″zgdeathiiis_i4ii’horniicida;1 death. The accused is prosecuted for
‘ *-«ifjVc’0hi»mitting.,the offence U/S.302 IPC.
The ?W.i, 8 and PiW.9 the minor child
ii”-._Aw”itrieisses are the eye witnesses to the incident. The
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U/S302 {PC is set aside. The accused is sentence’dT””1:o
undergo rigorous imprisonment for a period of_s;’i’X’
The accused is entitled to the benefitef se_t”o-ifjjli/’i$:.4-28L’
of Ci’.P.C. The appeal is anewed in fiartfi E ii
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