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2019 Supreme(SC) 640

RANJAN GOGOI, L. NAGESWARA RAO, SANJIV KHANNA
Basavaraj @ Basya – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Appellant : S. N. Bhat, Priyank Jain, D.P. Chaturvedi, Advs.
For the Respondent: Devadatt Kamat, Addl. Adv. Gen., V.N. Raghupathy, Rajesh Inamdar, Javedur Rahman, Aditya Bhat, Parikshit P. Angadi, Ashwin G. Raj, Advs.

ORDER :

1. The appellants herein (four in number) have been convicted, inter alia, under Section 302 IPC and have been sentenced to death by the learned trial Court which has been affirmed by the High Court. Aggrieved, the present appeals by special leave have been filed.

2. The case of the prosecution, in short, is that on 14th February, 2009 at about 11.45 p.m. the Police Sub Inspector/Circle Inspector Hanamantraya s/o Bhimaraya (P.W.26), Saidapur Police Station of Yadgir District received information of multiple murders in Gondadagi village. Proceeding to the spot, P.W.26 found Suryakanthamma (P.W.7) lying near a shed with injuries. She (P.W.7) was removed to Raichur Government Hospital for treatment, whereafter, P.W. 26 recorded the statement of one Srinivas @ Seenu (P.W.6), the complainant, who was present at the spot. The said statement was treated as a complaint.

3. In the complaint, it was stated that at about 9.30 p.m. when the complainant (P.W.6) was in his shed watching television, Basannagouda (since deceased) joined him. The aforesaid person, according to the complainant, left the shed at about 11.00 p.m. to sleep in his own shed. Thereafter, according to the complainant

















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