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Krishnamurthy @ Gunodu and Others vs. State of Karnataka

Criminal Appeal · 2022 INSC 190Decided 16 Feb 2022
Criminal Appeal No. 288 of 2022
Sanjiv Khanna · Bela M. Trivedi

Background

Four men (Krishnamurthy, Thimmappa, Gopala and a juvenile) attacked Venkatarama in his field, pinning his hands and legs before Krishnamurthy alone kicked, stamped on his neck, and jumped on his chest, causing fatal injuries including fractured ribs and a crushed spinal region. The trial court and the Karnataka High Court convicted all three adult accused of murder under Section 302 read with Section 34 IPC (common intention), along with related offences of criminal trespass, intimidation and wrongful restraint. Krishnamurthy, Thimmappa and Gopala appealed to the Supreme Court against their murder convictions.

Decision Breakdown

The Supreme Court upheld Krishnamurthy's conviction for murder, finding clear eyewitness and medical evidence that he alone delivered the fatal blows after the victim had fallen. However, examining the evidence in detail, the Court held that Thimmappa (who held the victim's arms) and Gopala (who pulled his legs, making him fall) could not be shown to have shared Krishnamurthy's intention to inflict the brutal, fatal assault that followed: their acts of restraining the victim did not establish they foresaw or intended the killing. The Court gave an extensive explanation of the "common intention" doctrine under Section 34 IPC, holding that it must be based on evidence of a shared plan for the actual criminal act charged, not mere presence or a lesser degree of participation. Consequently, their convictions were downgraded from murder to a conviction under Section 323 (simple hurt) read with Section 34, while their convictions for trespass, intimidation and wrongful restraint were upheld; Krishnamurthy's sentence was confirmed as life imprisonment (with an earlier "no remission" condition removed as unjustified).

Lesson Learnt

Being present and even physically restraining a victim during a group assault does not automatically make a person guilty of murder along with the one who delivers the fatal blow: Indian criminal law requires proof of a genuinely shared intention for the specific act that caused death, not just participation in a broader scuffle.

Official source (sci.gov.in)View Judgment (PDF)

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