Supreme Court - Daily Orders
Gandi Doddabasappa @ Gandhi Basavaraj vs State Of Karnataka on 8 September, 2016
Bench: Jagdish Singh Khehar, Arun Mishra
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 631 OF 2012
GANDI DODDABASAPPA @ GANDHI BASAVARAJ Appellant(s)
VERSUS
STATE OF KARNATAKA Respondent(s)
O R D E R
The appellant was charged, inter alia, under Section 302 of the Indian Penal Code, 1860(hereinafter referred to as the IPC), for having committed the murder of his daughter Shilpa on 3rd October, 2003 at about 8 A.M. The trial court, vide its order/judgment dated 28.02.2005, acquitted the appellant. Dis-satisfied with the order passed by the trial court, the State of Karnataka preferred criminal appeal No. 2259 of 2005 before the High Court. The High Court of Karnatka, Circuit Bench at Dharwad, by the impugned judgment dated 3rd June, Signature Not Verified 2011, partly accepted the appeal, inasmuch as while Digitally signed by NEELAM GULATI Date: 2016.09.09 14:24:30 IST Reason: the appellant was found guilty of having caused death of his daughter Shilpa, he was held to have 2 committed the offence under Section 304 Part I of the IPC, and not under Section 302 of the IPC, as originally charged.
Having heard learned senior counsel for the appellant, and perused the material evidence produced on behalf of the prosecution, we are tentatively of the view, that the prosecution had lead sufficient evidence for the conviction of the appellant under Section 302 of the IPC. We, therefore, issue notice, to show cause, to the appellant for his conviction under Section 302 of the IPC, and for modification of the sentence accordingly.
Post for hearing after two weeks. Intimation of the instant notice, be communicated to the appellant, who has stated to be in jail, by the Registry of this Court, without any delay.
…..............J (JAGDISH SINGH KHEHAR) …..............J (ARUN MISHRA) NEW DELHI SEPTEMBER 08, 2016 3 ITEM NO.107 COURT NO.3 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 631/2012 GANDI DODDABASAPPA @ GANDHI BASAVARAJ Appellant(s) VERSUS STATE OF KARNATAKA Respondent(s) (with office report) Date : 08/09/2016 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA For Appellant(s) Ms. Kiran Suri, Sr. Adv.
Mr. S.J. Amith, Adv.
Mr. Gautam Kumar, Adv.
Dr. (mrs. ) Vipin Gupta,Adv.
For Respondent(s) Mr. V. N. Raghupathy,Adv.
Mr. Parikshit P. Angadi, Adv.
UPON hearing the counsel the Court made the following O R D E R Issue notice, to show cause, to the appellant for his conviction under Section 302 of the IPC, and for modification of the sentence accordingly.
Post for hearing after two weeks. Intimation of the instant notice, be communicated to the appellant, who has stated to be in jail, by the Registry of this Court, without any delay.
(NEELAM GULATI) (SHARDA KAPOOR)
COURT MASTER COURT MASTER
(Signed order is placed on the file)