Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal against acquittal IPC Criminal Law s.304 Part I r/w s.149 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Criminal Law – Appeal against acquittal – Long-standing dispute between families of two brothers, accused no.5 (since deceased) and CW-29 in regard to ancestral property – Litigation ensued – Officials from the Survey Department came to conduct survey of the property – Altercation between the two families– Survey officials left the scene – Later, the accused persons returned to the scene, armed with lethal weapons and assaulted the family of complainants – ‘KR’ and ‘KE’, sons of CW-29 died – Trial court acquitted eleven accused persons tried for offences inter alia u/ss.143, 148, 323, 324 and 302 r/w s.149, IPC – High Court allowed the appeal in part and convicted ten accused persons-appellants inter alia u/s.304 Part I r/w s.149, IPC – On appeal, held: In case of appeal against acquittal, such as the present one, the High Court should not interfere with an order of acquittal merely because two views are possible – Only when the appreciation of evidence by the Trial Court is capricious or its conclusions are without evidence that the High Court may reverse order of acquittal – PW-1 (daughter of ‘KR’) narrated the manner in which the accused assaulted the family members of the prosecution witnesses, which was corroborated by other eye-witnesses – Trial court acquitted the accused persons primarily on the ground that the injuries on the accused persons (except accused no.2) was not satisfactorily explained – Pellet injuries suffered by accused no.3 were traceable to the bomb blasts caused by bomb carried by accused no.2 which exploded in the course of the incident – Injuries suffered by accused nos.4 and 5 were simple – None of the persons in the family of the complainant were armed – It was the accused’s side which was armed with weapons and explosives – Judgment of the High Court convicting accused nos.1-4, 6-8 and 11 u/s.304 Part I affirmed – Sentenced to undergo ten years rigorous imprisonment – No consistent deposition with respect to accused nos.10 and 12, they are given benefit of doubt and acquitted– Penal Code,1860– ss.143, 148, 323, 302, 324, 304 Part I r/w s.149 – Explosive Substances Act, 1908– ss.3, 4 and 5. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 88 |
Petitioner | Munishamappa & Ors. |
Respondent | State Of Karnataka |
SCR | [2019] 2 S.C.R. 386 |
Judgement Date | 2019-01-24 |
Case Number | 96-97 |
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