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Supreme Court of India 2019-01-24 partly_allowed

MUNISHAMAPPA vs STATE OF KARNATAKA

Bench: 2 — Dhananjaya Y Chandrachud, Vineet Saran

In Brief

A family dispute over ancestral property escalated when survey officials visited on 15 March 1995. After an initial verbal altercation, accused returned armed with weapons and explosives, resulting in the deaths of two brothers (Kenchappa and Krishnappa) and injuries to six others. The Trial Court acquitted all accused, primarily because injuries to some accused were unexplained. The High Court reversed the acquittal and convicted ten accused under Section 304 Part I (culpable homicide) with Section 149 (common object of unlawful assembly), sentencing each to seven years imprisonment. The Supreme Court affirmed the conviction but enhanced the sentence to ten years, rejecting the argument that unexplained injuries vitiate the prosecution case when eyewitness evidence is clear, cogent, and corroborated by medical evidence."

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Criminal Procedure Unlawful Assembly Murder Evidence Appeal Against Acquittal

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