Ramabora @ Ramaboraiah & Anr. vs State of Karnataka

Court

Supreme Court of India

Date

10 August 2022

Case No.

Criminal Appeal No.1697 of 2011

Result

Allowed

Bench

Indira Banerjee, V. Ramasubramanian

Citation

[2022] 4 S.C.R. 827 : 2022 INSC 809

Headnote

Penal Code,1860 – ss.143,144,148,147,448,302 and 149 –

22 accused formed unlawful assembly, armed with deadly weapon and trespassed into the house of victim-deceased and committed the murder of victim in furtherance of a common object – Sessions Court acquitted all the accused – High Court set aside the acquittal of appellants (A-1 and A-2) and held them guilty of the offence punishable u/s 302 IPC and sentenced them to imprisonment for life but the acquittal of all the other accused was confirmed by High Court – Held: High Court has not given more stronger and cogent reasons to set aside the acquittal – Further, the Judgment of High Court is not in accordance with the law on the scope of s.378 of Cr.PC. – Judgment of the High Court insofar as relates to the conviction of appellants set aside.

Arvind Kumar @ Nemichand & Ors. v. State of

Rajasthan 2021 SCC Online SC 1099; Ravi Sharma v. State (Government of NCT of Delhi) & Another 2022 SCC Online SC 859 – referred to.

The Judgment of the Court was delivered by V. RAMASUBRAMANIAN, J. 1. Aggrieved by the conviction for an offence under Section 302 IPC and the sentence of imprisonment for life handed over to them by the High Court of Karnataka, reversing the order of acquittal passed by the Sessions Court, accused Nos.1 and 2 have come up with the above appeal. 2. We have heard the learned counsel for the appellants and the learned standing counsel for the State of Karnataka. 3. The appellants herein were prosecuted along with 20 other persons, before the II Additional District and Sessions Judge, Bangalor

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