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Supreme Court of India 2019-08-22 allowed

CHINTAMBARAMMA vs THE STATE OF KARNATAKA

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

Chintambaramma (mother-in-law) and Saraswathi (sister-in-law) were convicted under Section 302 read with Section 34 IPC for the death of Sahitya (the deceased's wife) based on an alleged conspiracy. The prosecution's case proceeded entirely on the theory that accused Nos. 4 and 5 were the actual assailants who murdered Sahitya in conspiracy with the appellants. However, both the trial court and high court found the conspiracy charge unproven. The Supreme Court held that since the appellants' only alleged role was conspiracy, and conspiracy was not established, they could not be convicted for murder. The Court found the conviction violated the appellants' right to fair notice and defence, as no alternative charge under Section 302 was framed. The appeal was allowed and the appellants were acquitted.

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Criminal Procedure Conspiracy Dowry Related Crimes Murder Charge Framing Prejudice and Failure of Justice

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