Case title:
Manjunath & Ors V. State of Karnataka
Date of Order:
6th November, 2023
Bench:
Hon'ble Justice Abhay S. Oka
Hon'ble Justice Sanjay Karol
Parties:
Petitioner:Manjunath & Ors
Respondent: State of Karnataka
SUBJECT:
All of the defendants were arrested for allegations made under IPC sections 120B, 143, 447, and 302 read with Section 149. Additional Sessions Judge, Presiding Officer of Fast Track Court-II, Kolar, gave order for acquittal of the accused. The High Court decided to find the defendant guilty and impose the sentence. This was overturned by Supreme court.
IMPORTANT PROVISIONS
Section 120B of IPC- Punishment of criminal conspiracy
Section 143 of IPC- Punishment for unlawful assembly
Section 447 of IPC- Punishment for criminal trespass
Section 302 of IPC- Punishment for murder
OVERVIEW
On August 6, 1997, the accused, who were all armed with clubs, iron rods, and choppers, allegedly approached the deceased, Byregowda2, and his brothers, T.V. Narayanaswamy (PW4), T.V. Gopalreddy (PW5), T.V. Rajanna (PW10), and Marappa (PW2), as they were going to work in the fields.
PW2, PW4, PW5, and PW10 were able to flee, but as the deceased was trying to do so, A1, A2, and A3 viciously attacked him with a steel-edged weapon (a helicopter) and an iron rod.
All of the defendants requested a trial and refuted the allegations made under IPC sections 120B, 143, 447, and 302 read with Section 149.
ISSUES RAISED
Whether the decision to overturn the acquittal of the accused by the high court was valid?
JUDGEMENT ANALYSIS
The acquittals granted by the ruling and directive of the Additional Sessions Judge, Presiding Officer of Fast Track Court-II, Kolar, are reinstated, the court said.
The High Court's decision to find the defendant guilty and impose the sentence is overturned.
The Appellants appear to have already served the sentence imposed upon them because the High Court's decision under Section 304 Part II of the IPC was for four years, and this Court denied their appeal for an exemption from surrender by order dated December 13, 2010.
However, it is mandated that each accused person receive a refund of the fine they were required to pay as a consequence of the contested verdict. As a result, any outstanding bail bonds will be released.
CONCLUSION
In this case, the Supreme Court of India, in its order dated November 6, 2023, has reinstated the acquittals granted by the Additional Sessions Judge, Presiding Officer of Fast Track Court-II, Kolar. The High Court's decision to find the defendants guilty and impose a sentence has been overturned. The accused had already served the sentence imposed upon them, and the Court had denied their appeal for an exemption from surrender in a previous order.
All of the defendants were arrested for allegations made under IPC sections 120B, 143, 447, and 302 read with Section 149.
Section 120B of IPC deals with criminal conspiracy. Criminal conspiracy refers to an agreement between two or more persons to commit a criminal act or to achieve a legal act through illegal means. This agreement is usually to commit an unlawful act or to achieve an unlawful objective.
As a final judgment, the Court has mandated that each accused person should receive a refund of the fine they were required to pay as a consequence of the contested verdict. This means that any outstanding bail bonds will be released.
In summary, the Supreme Court, in this case, has reversed the High Court's decision, upheld the acquittals, and ordered the refund of fines imposed on the accused, while also releasing any outstanding bail bonds.
