SUPREME COURT OF INDIA
M.M. SUNDRESH, J.
Kum. Shubha @ Shubhashankar – Appellant
Versus
State Of Karnataka & Anr. – Respondents
Criminal Appeal No. 1029 of 2011 with Criminal Appeal No. 1030 of 2011, Criminal Appeal No. 1225 of 2011, Criminal Appeal No. 2943 of 2025
Decided on : 14-07-2025
| Table of Content |
|---|
| 1. motive and societal pressures can lead to criminal conspiracies. (Para 1 , 2) |
| 2. the court addresses underlying social issues influencing crime. (Para 3 , 4 , 5 , 6) |
| 3. arguments regarding witnesses' credibility and evidence reliability are crucial. (Para 34 , 41 , 43 , 46) |
| 4. circumstantial evidence and motive substantiated through indirect communication. (Para 49 , 66) |
| 5. the verdict emphasizes accountability in light of societal constraints. (Para 95 , 101 , 102 , 104) |
JUDGMENT :
M. M. Sundresh, J.
1. The voice of a young ambitious girl, muffled by a forced family decision, created the fiercest of turmoil in her mind. This, backed by an unholy alliance of a mental rebellion and wild romanticism, led to the tragic murder of an innocent young man, while simultaneously destroying the lives of three others.
2. A studied scrutiny of the charges, along with the evidence placed on record led to the confirmation of the conviction rendered against the appellants, by the High Court, for the major offence punishable under Section 302 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as the “IPC”) while upholding the decision delivered by the Court of Sessions. The appellants who are before us seek to assail the life sentence imposed upon them by the Division Bench of the High Court of Karnataka.
3. We have heard learned Senior Counsel Mr. Ranjit Kumar, Mr. S. Nagamuthu, Mr. Siddhartha Dave, and Mr. R. Nedumaran appearing for the appellants, and learned Additional Advocate General (AAG) Mr. Muhammed Ali Khan and learned Senior Counsel Mr. Tomy Sebastian appearing for the respondents, at considerable length. In the process, all the documents placed on record along with the written arguments, are also taken due note of.
CRIME AND ITS CAUSES
4. A crime constitutes a mental rebellion of norms and rules that have been created for the establishment of social order. It can be described as a deviant behavior, triggered by causes which are both distant and immediate. An idea of rebellion against the regulatory norms imposed by the society, thus, leads to a deviant conduct, which often happens through social conditioning and a series of habits. It is the strained mind, irked by alienation and material deprivation, that ignores the moral stage, all while focusing on the avoidance of punishment which might be the consequence of being in pursuit of a self-justified solution to the predicament which afflicts them.
5. There are multiple causes for a deviant behavior. To commit a crime, there is always a cause which, very often, has no nexus with the accused, who is shackled by social constraints thus, making him a victim of his circumstances. Even the genealogy of individuals can very well be influenced due to external environmental factors, such as, family, economy, education and social mores. Deficiencies in these factors are the primary causes for an offence that is ultimately committed. But for these causes, an offence would not have been committed, as it is nothing but a manifestation of the mind, body and action. One can even say that multiple causes are responsible for the crime, both external and internal, while an offender merely plays a role in committing it.
6. Alienation in different forms is one of the major causes for a crime being committed, upon feeling a disconnect from the community, society, or social institutions. Alienated individuals often feel powerless and neglected, which can lead them to feel rejected by the society and its social norms. The breakdown of social norms contributes to a deviant behaviour, especially when individuals lack clear moral guidance from their communities. Since law keeps changing from time to time, what is legal, may not necessarily be moral. Rapid social change, orchestrated by law, often creates conducive conditions for criminal behaviour.
CRIME AND WOMEN
7. We shall now concentrate specifically on the offences committed by women. If the factors highlighted above are applied in the cont
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