STATE OF KARNATAKA Vs. BATTEGOWDA

JUDGEMENT

(1.) Heard learned Additional Advocate General for the appellant-State and the learned senior counsel for the respondents at length.

(2.) This appeal has been filed by the State of Karnataka, challenging the order of the High Court of Karnataka at Bangalore dtd. 17/8/2012 wherein the appeal of the accused persons (respondent nos.1 to 3 herein) was partly allowed.

(3.) The brief facts of the case are that on 18/9/1999 an argument took place between the complainant (PW1) and the accused near a construction site in their neighborhood between 7 to 8 in the morning. It was alleged that the complainant has sold a piece of land to the mother (Shivamma) of PW5 (Nataraj) and the accused who were father and his two sons claimed a share on the property which was not being given to him. That is the dispute between the parties. It is pertinent to mention here that both the complainant and the accused are blood relatives and inasmuch as Battegowda/Bettegowda (Accused No.1) and PW 1 are real brothers and Accused Nos.2 and 3 are the sons of Accused No.1.