CHANNABASANAGOUDA TIPPANAGOUDA MARIGOUDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Both these appeals have arisen out of a common judgment dtd. 27/11/2019 passed by the First Additional District and Sessions Judge, at Haveri (hereinafter for brevity referred to as 'the Sessions Judge's Court') in S.C. No.35/2012 and S.C. No.38/2012.

(2.) Learned counsels from both side are physically present. Learned counsels from both side including the learned Additional State Public Prosecutor for the respondent-State make a joint submission that admittedly, both the sessions cases have arisen from out of a case and a counter-case, though both the cases were shown to have been tried separately, however, it appears that the learned Sessions Judge has heard the arguments together and has passed the common judgment which is not in accordance with the judgment of Full Bench of this Court reported in State of Karnataka, by Circle Inspector of Police -vs- Hosakeri Ningappa and another, reported in ILR 2012 KAR 509. With this, both side submit that the impugned judgment deserves to be set aside and the matter requires to be remanded to the Sessions Judge's Court with a direction to hear the final arguments afresh and dispose of both the cases on the line of guidelines in the above said Full Bench judgment of this Court.

(3.) The only point that arises for our consideration is,