A.K.PATNAIK, ALTAMAS KABIR
B. A. Umesh – Appellant
Versus
Regr. Gen. High Court of Karnataka – Respondent
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
Mohd. Aman & Anr. Vs. State of Rajasthan [(1997) 10 SCC 44].
Ronny alias Ronald James Alwaris & Ors. Vs. State of Maharashtra [(1998) 3 SCC 625].
Om Prakash Vs. State of Haryana [(1999) 3 SCC 19].
Bantu alias Naresh Giri Vs. State of M.P. [(2001) 9 SCC 615].
State of Uttar Pradesh Vs. Ram Babu Misra [(1980) 2 SCC 343].
Bachan Singh v. State of Punjab [(1980) 2 SCC 684].
Holiram Bordoloi Vs. State of Assam [(2005) 3 SCC 793]
Akhtar Vs. State of U.P. [(1999) 6 SCC 60].
Gura Singh v. State of Rajasthan [(2001) 2 SCC 205].
Ram Singh v. Sonia & Ors. [(2007) 3 SCC 1].
Kulwinder Singh Vs. State of Punjab [(2007) 10 SCC 455].
M.A. Antony v. State of Kerala [(2009) 6 SCC 220].
Sebastian alias Chevithiyan Vs. State of Kerala [(2010) 1 SCC 58].
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