Supreme Court of India
Thammaraya and Another v. The State of Karnataka
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
Resultantly, the conviction of the accused Thammaraya(A-2) and accused Basappa(A-3) recorded by the trial Court and affirmed by the High Court is unsustainable in the eyes of law.
Judgment, page 13
From the headnote
Issue for Consideration Whether the conviction of the appellants-accused under Sections 201 and 302 read with Section 34, Penal Code, 1860 is sustainable. Headnotes† Evidence – Case based on circumstantial evidence – Prosecution relied solely on recoveries of articles allegedly looted from the deceased – Conviction u/s.201, s.302 r/w s.34, IPC – Sustainability: Held: Unsustainable – Impugned judgments quashed, set aside – Neither the disclosure statements of the accused persons were proved as per law nor the prosecution was able to establish the factum of recoveries of articles purported to
Authorities it was built on
- 1973 Shivaji Sahebrao Bobade & Anr v. State of Maharashtra
- 1984 Sharad Birdhi Chand Sarda v. State of Maharashtra
- 1954 Ramkishan Mithanlal Sharma v. The State of Bombay
- 2012 Munna Kumar Upadhyaya @ Munna Upadhyaya v. The State of Andhra Pradesh through Public Prosecutor, Hyderabad, Andhra Pradesh
- 2024 Babu Sahebagouda Rudragoudar and Others v. State of Karnataka
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