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2009 Supreme(SC) 1149

V.S.SIRPURKAR, R.M.LODHA
Govindaraju – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Appellant(s) :Naresh Kaushik, Rupesh Kaushik, Ms. Lalitha Kaushik, Advocates.
For the Respondent(s):Anil Kr. Mishra, Sanjay R. Hegde, Advocates.

JUDGMENT

V.S. Sirpurkar, J.—

1. In this appeal which has been filed by one Govindaraju, original accused No. 1 before the Trial Court (appellant herein), the challenge is against his conviction for the offence under Section 304B Indian Penal Code (IPC) and the consequent punishment of rigorous imprisonment for seven years. Initially, the appellant/accused Govindaraju was tried for offence under Section 302 and/or 304B, IPC along with his father and mother, accused Nos. 2 and 3 respectively as also his brother Vasu, accused No.4. They were tried for the murder of Susheela, the wife of Govindaraju (present appellant) which took place on the night between 28/29 Janunay, 1987 in her matrimonial home which was No. CH.27/1, 6th Cross, Ashokapuram, Mysore.

2. Eventually, we are not concerned with accused Nos. 2 and 3 and also the accused No.4, Vasu, as the accused No. 2 Krishnaiah and accused No. 3, Eramma @ Marimadamma died during the pendency of the trial and accused No. 4 was acquitted both by Sessions Court and the High Court. Initially, both the accused No.1 (for short “A-1”) and his brother accused No. 4 (for short “A-4”) were acquitted by the 1 st Additional Sessions Judge, Mysore.















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