Monday, 20 January 2025

Supreme Court: When Accused Acted With Common Intention, Punishment Can't Be Reduced Merely Because Injury Inflicted Individually Wasn't Severe

 Merely for the reason that

the injuries inflicted by Accused no.2 (K.B.Vijayakumar)

were less than what was inflicted by Accused no.3

(K.B.Jayakumar @ Suresh) and the injuries were not a

grievous. Conviction under Section 326 cannot be converted

to Section 324. Irrespective of the facts whether the

injuries caused to the injured persons (PW1 & PW7) were

only on the hand, the fact remained that the presence of

Accused no.2 on the spot is as an accomplice of Accused

no.3 and hence, Section 34 of the IPC is clearly made out.

IN THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION

 CRIMINAL APPEAL NO(S). 1694/2014

THE STATE OF KARNATAKA Vs  BATTEGOWDA & ORS.

Dated: January 09, 2025.

Read full Judgment here: Click here.

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