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Supreme Court of India 2019-01-24 partly_allowed

Munishamappa & Ors vs State of Karnataka

Bench: 2 — Dr. Dhananjaya Y. Chandrachud

In Brief

Two brothers, Kenchappa and Krishnappa, died following a violent assault by an extended family of the other side in a long-standing property dispute. The accused were initially acquitted by the Trial Court primarily because injuries on some accused remained unexplained. The High Court reversed the acquittal, finding the eyewitness evidence clear and corroborating. The Supreme Court upheld the High Court's reversal, holding that unexplained injuries on accused do not defeat a prosecution case when eyewitness evidence (including injured witnesses) is cogent and medically corroborated. The Court confirmed conviction under Section 304 Part I IPC (causing death without intention) rather than Section 302 (murder), noting an old enmity-fuelled quarrel rather than premeditated murder. The sentence was enhanced from 7 to 10 years rigorous imprisonment. Two female accused were acquitted for inconsistent depositions.

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