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2001 Supreme(SC) 1444

M.B.SHAH, R.P.SETHI
T. N. Lakshmaiah – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

Sethi, J.-Claiming insanity at the time of commission of offence of murdering his own wife Gayathramma and teen aged son Bhaskar, the appellant has prayed for setting aside the judgment of the trial Court as well as the High Court by which he has been convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment. Without leading evidence in support of his claim, the appellant urged that there sufficient material on record which probabilised the existence of circumstances justifying the benefit of the exception as incorcopated under Section 84 of the Indian Penal Code. It is also submitted that the prosecution had failed to establish his guilt beyond reasonable doubt.

2. In order to appreciate the submissions of the appellant, it is relevant to take note of the prosecution case as alleged and proved against him vide the judgment impugned in this appeal. The appellant was a Government servant employed in the Department of Agriculture from the year 1991. He was residing with his wife and son in one of the quarters allotted to him by the Department. The appellant s deceased son was a student of 7th standard at the time of occurrence. On 12.1.1991, the a






















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