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september 2008

Supreme Court of India · 2008-09-22

Shankaraya Naik & Ors vs State Of Karnataka

Court
Supreme Court of India
Petitioner
Shankaraya Naik & Ors
Respondent
State Of Karnataka
Author
Harjit Singh Bedi
Bench
Harjit Singh Bedi, S.B.Sinha

Judgment text excerpt

The Supreme Court upheld the trial court's conviction of Sriramulu Naik under Section 302 IPC for the murder of Balappa Naik, affirming that the prosecution established the individual culpability despite the accused's claims of lack of common object under Section 149 IPC. The Court noted that while some accused were acquitted due to insufficient evidence of individual overt acts, others were rightly convicted for their roles in the assault. The judgment reinforced the principle that individual liability can be established even in cases involving unlawful assembly, provided the evidence supports specific acts of violence.

Shankaraya Naik & Ors vs State Of Karnataka · Niyam