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Supreme Court of India 2018-06-01 partly_allowed

Jayaswamy vs State of Karnataka

Bench: 2 — Mohan M. Shantanagoudar

In Brief

A man (appellant) was acquitted at trial for murder but convicted by the High Court based primarily on wound certificates naming him as the assailant. The Supreme Court partly allowed his appeal, finding that the sole eyewitness (the injured informant) testified that the appellant assaulted only her, not the two deceased persons whose deaths were attributed to other accused. Since the High Court itself acquitted the other accused (confirming it did not believe they assaulted the deceased), the appellant could not be convicted for murder lacking any role in the deaths. However, the court upheld his conviction under Section 326 IPC for the grievous injuries to the informant, based on credible eyewitness testimony.

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Criminal Law Evidence Appeal against Acquittal Section 302 IPC (Murder) Section 326 IPC (Grievous Hurt) Section 34 IPC (Common Intention) Eyewitness Testimony Standard of Appellate Review

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