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2022 Supreme(SC) 1411

D. Y. CHANDRACHUD, SURYA KANT
Omkar Swamy – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Mr. B. Krishna Prasad, Advocate, Ms. Rajani K. Prasad, Advocate, Mr. Arvind Kumar Kanva, Advocate, For the Appellant / Mr. Shubhranshu Padhi, Advocate, Mr. Ashish Yadav, Advocate, Mr. Rakshit Jain, Advocate, Mr. Vishal Banshal, Advocate, For the Respondent.

ORDER

1. Leave granted.

2. The appeal arises from a judgement of the High Court of Karnataka dated 5 August 2020. The High Court dismissed an appeal against the judgement of the Fast Track Court, Bidar court convicting the appellant of offences punishable under Sections 302 and 448 of the Indian Penal Code 1860[1]. The trial court, inter alia, sentenced the appellant to undergo imprisonment for the remainder of his life for the offence punishable under Section 302 IPC. The factual background as set up by the prosecution is stated below.

    [1] IPC

3. It is alleged that the appellant trespassed into the house of one Shantamma, where he attempted to steal cash and gold from her mother Chandramma. When she resisted, the appellant attacked her on her head and face with a wooden club, which caused her to bleed from her injuries. The appellant then allegedly escaped with the gold and cash. The incident was witnessed by the complainant, the son of Chandramma, who tried to catch hold of the appellant while he was trying to escape. The appellant's escape was further seen by two more witnesses. Chandramma was taken to a hospital, where she was declared brought dead. Based on the written complaint,

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