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Supreme Court of India 2022-02-16 partly_allowed

Krishnamurthy @ Gunodu and Others vs State of Karnataka

Bench: 2 — Sanjiv Khanna

In Brief

Krishnamurthy, Gopala, and Thimmappa were convicted of murdering Venkatarama. The Supreme Court upheld Krishnamurthy's conviction under Section 302 IPC as he brutally assaulted the fallen victim by kicking and jumping on his neck and chest, causing fatal injuries. However, the Court acquitted Gopala and Thimmappa of murder charges. Although they had held and pulled down the victim, they lacked common intention with Krishnamurthy's disproportionate and fatal assault, which was unexpected and unforeseeable. The Court converted their conviction to Section 323 IPC (simple hurt) and modified Krishnamurthy's sentence, removing an unjustified condition restricting remission eligibility.

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Criminal Law Murder Common Intention Section 34 IPC Evidence Vicarious Liability

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