Supreme Court of India
B.K. Channappa v. State of Karnataka
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What the Court ordered
We are of the view that the conviction of A-2, A-3, A-17, A-19 and A-20 as recorded by the trial court and affirmed by the High Court under Section 302 IPC cannot be sustained.
Judgment, page 10
From the headnote
Penal Code, 1860 : Sections 304 Part JI rlw 149 and 302 rlw 149-Murder-Caused by unlawful assembly, by inflicting injuries with deadly weapons-Eighteen injuries found on the body of deceased-But none on the vital parts-Hence, it cannot be said that the injuries were inflicted with intention to cause death-Conviction of accused under S.302 r.w. S.149 therefore altered to that under S.304 Part-JI rlw S.149. Section 302-Murder-Caused by unlawful assembly, by inflicting injuries with deadly weapons-23 accused-Acquittal of -15 by Trial Court Conviction by High Court under S.302-Justification
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