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Supreme Court of India 2018-12-10

Shanthamalleshappa vs State of Karnataka

Bench: 2 — R. Subhash Reddy

In Brief

Shanthamalleshappa and three others were convicted under Section 436 IPC (arson) by the trial court and the conviction was upheld by the High Court, which also enhanced the sentence. The Supreme Court set aside both convictions and acquitted the appellant after finding material contradictions in witness testimony, absence of independent eyewitnesses, and failure to consider documentary evidence filed before the appellate court. The court found that the incident occurred at night without adequate lighting for identification, and prior property disputes between brothers created a motive for false accusation, resulting in miscarriage of justice. The appellant's fine was ordered to be refunded."

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Criminal Law Evidence Arson (Section 436 IPC) Criminal Procedure Appellate Review Witness Credibility Contradiction in Evidence

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