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1998 Supreme(SC) 417

M.K.MUKHERJEE, S.S.M.QUADRI
Atmendra – Appellant
Versus
State of Karnataka – Respondent


Judgment

Quadri, J.-The sole appellant, Atmendra, and his father Ganapati, were tried in Sessions Case No. 5 of 1987 for offences punishable under Section 302 read with Sections 34, 114 IPC and Section 27 of the Indian Arms Act by learned Sessions Judge, Karwar and were acquitted by judgment dated 3.9.1987. The State of Karnataka filed Criminal Appeal No. 17 of 1988 against the said judgment. During the pendency of the appeal Ganapati died on 8.1.82. On April 23, 1992, a Division Bench of the Karnataka High Court set aside the judgment of the Trial Court and convicted Atmendra under Section 302 and sentenced him to suffer imprisonment for life and under Section 27 of the Indian Arms Act and awarded punishment of undergoing rigorous imprisonment for one year and to pay a fine of Rs. 200/- and in de­fault to suffer further rigorous imprisonment for two months; substan­tive sentences were directed to run concurrently. Against that judg­ment of the High Court Atmendra is in appeal before this Court.

2. This case presents a glaring example of how a man getting enraged by trivial things has committed the most heinous crime of murder of the nearest relative. Here plucking coconuts from disp












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