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2011 Supreme(SC) 123

A.K.PATNAIK, ALTAMAS KABIR
B. A. Umesh – Appellant
Versus
Regr. Gen. High Court of Karnataka – Respondent


Advocates Appeared:
For the Appellant:Ms. Kiran Suri, S.J. Amith, Ankolekar Gurudatta, Vijay Kumar, Ms. Aparna Bhat, Advocates.
For the Respondent:Ms. Anitha Shenoy, Ms. Rashmi Nandakumar, B.S. Gautham, Advocates.

Judgment :

ALTAMAS KABIR, J.

1. Leave granted.

2. These Appeals have been filed by the Appellant questioning the judgment and order dated 4th October, 2007, passed by the Karnataka High Court in Criminal Referred Case No.3 of 2006 and Criminal Appeal No.2408 of 2006 rejecting the Appellant's appeal and confirming the death sentence awarded to him by the Sessions Judge, Fast Track Court VII, Bangalore City, in S.C.No.725 of 1999, by judgment and order dated 26th October, 2006.

3. According to the prosecution, Jayashri, mother of Suresh (P.W.2) and sister of Manjula (P.W.22), was married to one Dr. Maradi Subbaiah who died about two years prior to 28.02.1998 on which date the incident which resulted in S.C.No.725 of 1999 is alleged to have occurred. After the death of her husband, Jayashri and her son Suresh, were staying in premises No.14/8 situated at Dasarahalli, Bhuvaneshwarinagar, Bangalore, as a tenant of one Lalitha Jaya (P.W.8). Suresh was studying in Upper K.G. in Blossom English School. His mother would drop him to school at Bagalkunte at 8.30 a.m. and would bring him back at 1.00 p.m. after classes were over.

4. On 28.2.1998, Jayashri took Suresh to school as usual at 8.3




























































































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