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.