VidhiSangh

Supreme Court of India · 16/02/2022

KRISHNAMURTHY @ GUNODU AND OTHERS versus STATE OF KARNATAKA

[2022] 2 S.C.R. 433 · 2022 INSC 190

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Summary

Three accused were convicted of murder after an unarmed confrontation. The Court upheld Krishnamurthy’s murder conviction for the fatal stamping and assault, but found insufficient proof that Gopala and Thimmappa shared a design encompassing that unexpected brutality. Their conviction was reduced to hurt with common intention, while their other convictions remained. The separate juvenile acquittal did not dictate parity. Krishnamurthy’s sentence became ordinary life imprisonment, with the restriction on remission removed.

Issues

  1. Whether the two accused who restrained and pulled down the deceased shared the fatal assailant’s common intention.
  2. Whether the juvenile’s separate acquittal required acquittal of these appellants.
  3. What modifications to convictions and sentences were appropriate.

Provisions considered

Held

Result

Appeal partly allowed. Krishnamurthy’s murder conviction retained with ordinary life imprisonment and the additional remission restriction removed. Gopala and Thimmappa convicted instead under Section 323/34 for one year, other convictions retained; surrender within one month. Concurrent sentences and statutory set-off directed.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 433.