Supreme Court of India
Smt. Chintambaramma & Anr. v. State of Karnataka
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What the Court ordered
In view of the aforesaid judgments, we find that since the prosecution story proceeded on the basis that the role of the appellants is that of conspirators but having failed to prove the charge of conspiracy, the appellants could not be convicted for the offence under Section 302 IPC. Such conviction has caused not only prejudice but also failure of justice, therefore, conviction cannot be sustained.
Judgment, page 11
From the headnote
Penal Code, 1860 – s.302 r/w s.34 – Case based on circumstantial evidence – Marriage of ‘S’ was solemnised with one ‘LM’ in 2006 – FIR was lodged in 2009 by CW-1 that ‘S’ has been killed by the appellants (mother-in-law and sister-in-law of ‘S’) along with ‘LM’ and others – Trial Court convicted the appellants and ‘LM’ for having conspired the murder of ‘S’ with accused nos.4 and 5, however accused nos.6 to 8 were acquitted – High Court acquitted ‘LM’ but maintained sentence of the appellants – On appeal, held: Entire prosecution proceeded on the basis that accused nos.4 and 5 were the actual…
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