Supreme Court of India · 2009-03-04
Sripathi & Ors vs State Of Karnataka
- Citation / case number
- AIR 2010 SUPREME COURT 249
- Court
- Supreme Court of India
- Petitioner
- Sripathi & Ors
- Respondent
- State Of Karnataka
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Harjit Singh Bedi, Arijit Pasayat
Judgment text excerpt
The Supreme Court upheld the Karnataka High Court's conviction of the appellants under Section 304 Part II read with Section 34 IPC, finding that the trial court's acquittal was unsustainable. The Court noted that the High Court correctly analyzed the evidence, concluding that the ocular evidence from five eyewitnesses was cogent and trustworthy, and not at variance with the medical evidence. The Court emphasized that Section 34 IPC applies to joint liability in criminal acts, and the prosecution must establish common intention among the accused, which was inferred from the circumstances of the case.