Karnataka High CourtCriminal LawCriminal Procedure and Evidence

Karnataka HC Upholds Two Men’s Murder Convictions, Rejecting Private Defence After Deceased’s Chopper Fell to the Ground

MR CHIKKEGOWDAv.STATE OF KARNATAKA

Karnataka HC Upholds Two Men’s Murder Convictions, Rejecting Private Defence After Deceased’s Chopper Fell to the Ground. MR CHIKKEGOWDA vs STATE OF KARNATAKA. Karnataka High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

Whether the appellants had established grounds to interfere with their convictions and sentences under Section 302 IPC.

The court held

The Court answered the appeal’s point for consideration in the negative, found no illegality, perversity or material infirmity in the Sessions Court’s decision, and dismissed the criminal appeal.

It also directed

The convictions and sentences were left undisturbed.

01Facts

The prosecution alleged that, following prior disputes, accused Nos. 1 and 2 assaulted the deceased at Pichanakere Village on 5 November 2018: accused No. 1 with an iron chopper and accused No. 2 with a club. The deceased died from his injuries.

¶ 3–5 · pp. 3–6

The Sessions Court convicted accused Nos. 1 and 2 of murder under Section 302 IPC; accused No. 3 was acquitted, and that acquittal was not challenged.

¶ 3–5 · pp. 3–6

On appeal, the appellants argued, among other things, that the deceased was the aggressor and that the evidence was unreliable.

¶ 6 · pp. 6–7

02Issues

i.Whether the appellants had established grounds to interfere with their convictions and sentences under Section 302 IPC.

¶ 8 · p. 8

ii.Whether the evidence established that the appellants committed the assault, and whether the defence claim that the deceased was the aggressor justified the assault as an exercise of private defence.

¶ 26–29 · pp. 22–24

03Law Applied

The Court considered the offence of murder under Section 302 IPC and assessed whether the prosecution proved the appellants’ guilt beyond reasonable doubt.

¶ 30–32 · pp. 24–27

Credible direct eyewitness testimony may establish guilt; minor discrepancies that do not affect the prosecution case’s substance do not, by themselves, make that testimony unreliable; and medical evidence may corroborate ocular evidence.

¶ 19, 21–23 · pp. 17–21

Private defence is defensive in nature and lasts only while a reasonable apprehension of danger continues.

¶ 28–29 · pp. 23–24

Provisions in the judgment · 5 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 374Section 313

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 415

Indian Penal Code, 1860 Section 302Section 34

04Reasoning

The Court treated PW.1 as a non-eyewitness and assessed the occurrence principally on the evidence of PWs. 2, 3 and 20, finding their accounts of the appellants’ participation consistent on material particulars and not undermined by cross-examination.

¶ 17–19 · pp. 16–18

It found their testimony corroborated by the post-mortem evidence of multiple grievous injuries and the medical opinion on cause of death.

¶ 22–23 · pp. 19–21

The Court rejected the aggressor theory as unsupported by the eyewitness evidence; it further held that, even if the deceased had initially been armed, the alleged weapon had fallen and no continuing threat was shown, so the subsequent assault was not justified by private defence.

¶ 26–29 · pp. 22–24

Considering the weapons used, the injuries to vital parts, and the medical evidence, it concluded that the prosecution had proved the appellants’ guilt beyond reasonable doubt.

¶ 30–33 · pp. 24–28

05Holding

The Court answered the appeal’s point for consideration in the negative, found no illegality, perversity or material infirmity in the Sessions Court’s decision, and dismissed the criminal appeal.

¶ 32–33 · pp. 26–28 · Order · p. 28

The convictions and sentences were left undisturbed.

¶ 32–33 · pp. 26–28 · Order · p. 28
Karnataka High Court

Original Court PDF

MR CHIKKEGOWDAvsSTATE OF KARNATAKA

Karnataka High Court · November 05, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment