MANOJ AND ANR. versus STATE OF KARNATAKA

MANOJ AND ANR. versus STATE OF KARNATAKA

Only Manoj intended and caused fatal injuries with a sword justifying conviction under s.302 IPC; appellant No.2, whose involvement was limited to hurling a stone, lacked intent or shared purpose to kill and is liable only for grievous hurt under s.325 IPC.

Parties
Appellant No.1: Manoj; Appellant No.2: Amagond; Respondent: State of Karnataka
Jurisdiction
India
Judgment Date
05 July 2013
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From Karnataka High Court
Outcome
Appeal dismissed for Manoj (appellant No.1), partly allowed for appellant No.2 (Amagond)
Legal Topics
Murder, Grievous Hurt, Common Intention
Criminal Law Murder Grievous Hurt Common Intention

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Parties

Manoj

Appellant No.1

Amagond

Appellant No.2

State of Karnataka

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From Karnataka High Court

Legal Issues

  1. 1 Whether conviction of Manoj under s.302 IPC is sustainable
  2. 2 Whether conviction of appellant No.2 under s.302/34 IPC is warranted or should be reduced

Ratio Decidendi

Only Manoj intended and caused fatal injuries with a sword justifying conviction under s.302 IPC; appellant No.2, whose involvement was limited to hurling a stone, lacked intent or shared purpose to kill and is liable only for grievous hurt under s.325 IPC.

Court Disposition

Appeal dismissed for Manoj (appellant No.1), partly allowed for appellant No.2 (Amagond)

Orders

  • Conviction of Manoj under s.302 IPC and sentence upheld
  • Conviction of Amagond altered from s.302/34 IPC to s.325 IPC; sentenced to imprisonment already undergone; released unless required in other case