NDLI: Irappa Siddappa Murgannavar Vs. State of Karnataka

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1860: ss. 302 366A and 201 376 Penal Code 364
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Penal Code, 1860: ss. 302, 376, 364, 366A and 201 – Rape and murder – Prosecution case that accused raped and murdered a five year old girl, and then disposed of her body, tied in a gunny bag, into the stream – Conviction and sentence for commission of offence u/s. 302, 376, 364, 366A and 201 – Upheld by the High Court – On appeal, held: On overall view of the evidence and witness statements adduced by the prosecution, the chain of circumstances affirmatively establishes the guilt of the appellant – Contradictions and inconsistencies highlighted in the prosecution’s case, do not create a reasonable doubt – Circumstances relied upon are fully established – They are conclusive in nature and tendency – Chain of evidence is so complete as not to leave any reasonable ground for conclusion consistent with the innocence of the appellant – Facts established consistent only with the hypothesis of the guilt of the accused and exclude every hypothesis except the one proved – Thus, the order of the courts below convicting the appellant for offences u/s. 302, 376, 364, 366A and 201 upheld. Sentence/Sentencing: Death sentence – Imposition of – Commission of rape and murder of 5 year old – Conviction and sentence of the appellant for the offences u/ss. 302, 376, 364, 366A and 201 – Commutation of sentence of death imposed – Held: There is hope for reformation and rehabilitation – There are sufficient mitigating factors to commute the sentence of death imposed by the courts below into imprisonment for life – Young age of the appellant at the time of commission of the offence (23/25 years), his weak socio-economic background, absence of any criminal antecedents, non pre-meditated nature of the crime, and that the accused has spent nearly 10 years 10 months in prison are other extenuating factors – No doubt the appellant has committed an abhorrent crime, incarceration for life would serve as sufficient punishment and penitence for his actions – Thus, death sentence commuted to imprisonment for life – However, the appellant not entitled to premature release/remission for the offence u/s. 302 until he has undergone actual imprisonment for at least thirty years. B Code of Criminal Procedure, 1973: s. 235(2) – Infraction of – Plea of appellant-accused that by passing a common order on conviction and sentencing, the High Court contravened by not hearing the petitioner separately on sentencing – Held: Adequate and sufficient opportunity has been afforded to the appellant to place all the relevant materials on record.
Judge	Hon'ble Mr. Justice Sanjiv Khanna
Neutral Citation	2021 INSC 707
Petitioner	Irappa Siddappa Murgannavar
Respondent	State Of Karnataka
SCR	[2021] 11 S.C.R. 51
Judgement Date	2021-11-08
Case Number	1473-1474

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