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2017 Supreme(SC) 202

KURIAN JOSEPH, A.M.KHANWILKAR
Gandi Doddabasappa @Gandhi Basavaraj – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

A.M. KHANWILKAR, J.

This criminal appeal arises from the judgment and final order passed by the High Court of Karnataka dated 3rd June, 2011 in Criminal Appeal No. 2259 of 2005. The High Court has set aside the order of acquittal passed by the Sessions Court and instead convicted the appellant (accused) for an offence punishable under Section 304, Part I of the Indian Penal Code, 1860 (`IPC') and sentenced him to undergo 10 (ten) years of rigorous imprisonment for killing his daughter, Shilpa.

2. When this appeal was taken up for hearing on 8th September, 2016, the Court directed issuance of notice to the appellant (accused) for enhancement of sentence. That notice has been duly served on the appellant.

3. The factual circumstances leading to this appeal are as under:

a. One Ravi Kumar (PW16), from the Naik community and Shilpa, from the Lingayat community, were in love. Being from different castes and apprehending opposition to their marriage by the family of Shilpa, they decided to elope and got married in 2002. They got their marriage registered before the Sub-Registrar, Hospet in 2003. Eventually, the couple returned to their village Taranagar to stay with the parents of R















































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