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Supreme Court of India 2023-09-26 allowed

H. D. SUNDARA & ORS vs STATE OF KARNATAKA

Bench: 2 — Abhay S. Oka, Sanjay Karol

In Brief

This criminal appeal challenged the High Court's decision to overturn the trial court's acquittal of accused persons in an assault and homicide case stemming from a property dispute over water rights. Two victims, brothers Manjunatha and Shivarama, were assaulted. The Supreme Court held that the High Court erred in reversing the acquittal without recording findings on witness credibility, individual accused roles, or statutory applicability. The trial court had conducted a careful analysis, noting investigative gaps such as failure to explain a grievous injury sustained by an accused. The Court reaffirmed that appellate courts can overturn acquittal only by finding that guilt is the sole possible conclusion, not merely a possible one. The appeal was allowed and the conviction set aside.

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Criminal Procedure Appeal Against Acquittal Evidence Homicide Assault Criminal Liability

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