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Supreme Court of India 2019-09-17 partly_allowed

KARUPPANNA GOUNDER vs THE STATE REP. BY THE INSPECTOR OF POLICE

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

Karuppanna Gounder was convicted of murder by the High Court for allegedly striking a neighbour, Chinnappa Gounder, with a hammer during a dispute over a shared well. On appeal, the Supreme Court examined the post-mortem evidence, which showed injuries inconsistent with a hammer blow to the back of the head—the injuries appeared to correspond with attacks by other accused using iron rods. Since those accused were acquitted or convicted of lesser offences, and the court could not invoke common intention provisions, it granted benefit of doubt. The appellant was acquitted of murder but convicted under Section 324 IPC (causing hurt with a weapon), with sentence set to time already served.

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Criminal Procedure Murder Injury Circumstantial Evidence Common Intention Benefit of Doubt

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