BIRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of the following facts:

(2.) The Trial Court relying primarily on the evidence of PW.1 as supported by medical evidence and the circumstances of the case convicted Birappa under Section 302 whereas Kareppa A.2 and A.3 was acquitted on the ground that no overt act had been attributed to them.

(3.) Two appeals were therefore filed before the High Court. The High Court dismissed the appeal of Birappa and allowed the State Appeal qua appellant No. 2 Kareppa and also convicted and sentenced him to in terms similar to his co-appellant. The acquittal of Muttappa, the third accused, was however maintained. The present appeal has been filed under Section 380 of the Cr.P.C. directly in this Court.