Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2005

Supreme Court of India · 2005-08-09

Peerappa & Ors vs State Of Karnataka

Citation / case number
AIRONLINE 2005 SC 715
Court
Supreme Court of India
Petitioner
Peerappa & Ors
Respondent
State Of Karnataka
Author
P. Venkatarama Reddi
Bench
P. Venkatarama Reddi, D.M. Dharmadhikari

Judgment text excerpt

The Supreme Court held that the conviction of the appellants under Section 302 IPC read with Section 149 IPC was unsustainable due to the requirement of a minimum of five persons for unlawful assembly, which was not met as the other accused were acquitted. The Court found errors in the High Court's judgment regarding the roles of the accused and the basis for acquittal of others. Consequently, the Court set aside the High Court's conviction and directed that the appellants could only be convicted under Section 302 read with Section 34 IPC or Section 302 simplicitor.

Peerappa & Ors vs State Of Karnataka · Niyam