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1998 Supreme(SC) 711

S.P.KURDUKAR, G.T.NANAVATI
Sreeramamurthy – Appellant
Versus
State Of A. P. – Respondent


Judgment

Nanavati, J.-These appeals are filed against the common judgment and order of the High Court of Andhra Pradesh in Crl. A. No. 69/96 and Crl. A. No. 483/96.

2. The trial Court convicted the appellant under Sections 498-A and 304-B IPC. In Crl. Appeal No. 69/96 the appellant challenged his conviction. As he was acquitted under Section 302 IPC, the State filed Crl. A. No. 483/96.

3. The High Court dismissed the appeal filed by the appellant, allowed the appeal filed by the state and the convicted the appellant for the offence of murder also. The High Court then observed that when the appellant was convicted for the offence punishable under Section 302 IPC, the question whether he should also be convicted for the offence punishable under Section 304-B became academic.

4. It was the prosecution case that the appellant committed the death of his wife and daughter. In order to prove its case, the prosecution had examined 10 eye-witnesses and produced three dying declarations. P.Ws. 1-10 did not support the prosecution. The trial Court relying upon the three dying declarations, convicted the appellant. The High Court also found that the three dying declarations were genuine and truth







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