Case Note & Summary
The State of Karnataka appealed against the judgment and order dated 20.01.2009 passed by the Principal Sessions Court, Bangalore Rural, Bangalore, in S.C. No. 255/2004, whereby the trial court acquitted accused Nos. 1, 2, and 3 for the offence under Section 302 read with Section 34 of the Indian Penal Code (IPC). However, the trial court convicted accused No. 1 under Section 304-II IPC and sentenced him to undergo imprisonment for five years and to pay a fine of Rs. 2,00,000/-. Accused No. 1 had already served the sentence and paid the fine, and did not file an appeal against his conviction. The case of the prosecution was that there was a rivalry between the family of the accused and the family of the deceased regarding the boundaries of agricultural land, with the accused allegedly encroaching upon the deceased's land by two feet. The dispute led to an incident resulting in the death of the deceased. The trial court found that the evidence did not establish common intention on the part of accused Nos. 2 and 3 to commit murder, and accordingly acquitted them. The High Court, in the present appeal, considered whether the acquittal of accused Nos. 2 and 3 was sustainable. The High Court held that there was no evidence to prove common intention on the part of accused Nos. 2 and 3 to cause the death of the deceased. Their mere presence at the scene was insufficient to establish common intention under Section 34 IPC. The High Court found no perversity in the trial court's findings and dismissed the appeal, upholding the acquittal of accused Nos. 2 and 3.
Headnote
A) Criminal Law - Murder - Common Intention - Section 302 read with Section 34 IPC - Acquittal of Accused Nos.2 and 3 - The trial court acquitted accused Nos.2 and 3 for murder under Section 302 r/w 34 IPC, but convicted accused No.1 under Section 304-II IPC. The State appealed against the acquittal of accused Nos.2 and 3. The High Court held that there was no evidence of common intention on the part of accused Nos.2 and 3 to cause death, and their presence at the scene was not sufficient to prove common intention. The acquittal was upheld. (Paras 1-3) B) Criminal Law - Culpable Homicide not amounting to Murder - Section 304-II IPC - Conviction of Accused No.1 - The trial court convicted accused No.1 under Section 304-II IPC for causing death by a negligent act. Accused No.1 did not appeal against his conviction and sentence. The High Court noted that accused No.1 had already served the sentence and paid the fine. (Paras 1-3)
Issue of Consideration
Whether the acquittal of accused Nos.2 and 3 for the offence under Section 302 read with Section 34 IPC is sustainable in law.
Final Decision
The High Court dismissed the appeal, upholding the acquittal of accused Nos. 2 and 3 for the offence under Section 302 read with Section 34 IPC.
Law Points
- Common intention
- Section 34 IPC
- Section 302 IPC
- Section 304-II IPC
- Acquittal appeal
- Appreciation of evidence
