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A. N. RAY, I. D. DUA, M. HIDAYATULLAH
Thimma And Thimma Raju – Appellant
Versus
State Of Mysore – Respondent
Judgment
DUA, J.: The appellant was convicted by the Sessions Judge, Shimoga, under S. 302, I. P. C. for the murder of one Govindappa, a village postman and was awarded capital sentence. He was also held guilty of an offence under S. 201, I.P.C. and sentenced to rigorous imprisonment for 7 years. The High Court of Mysore confirmed the conviction and sentence under S. 302, I. P. C. It also upheld his conviction under S. 201, I. P. C. but set aside the sentence on this court observing that when a person is convicted both under S. 302 and S. 201, I. P. C, it is undesirable to pass separate sentences for both offences. In this appeal with special leave the appellant challenges his conviction and sentence under S. 302, I.P.C.
2. The appellant was tried, along with Laxmamma (accused no. 2) wife of the deceased Govindappa and her mother Gangamma (accused no. 3) wife of late Mylappa. The two women were charged with abetment of murder and were acquitted by the trial court. We are not concerned with them m this appeal. There is no eye witness in the case and the courts below have accepted the prosecution story on circumstantial evidence. The question before us is whether the circumstantial evi
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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