Nagaiah v. State of Karnataka
Case brief
What is this about?
In a criminal revision, the court modified the conviction and sentence. It held that while Accused No. 1 caused simple injury under Section 324 IPC, Accused No. 2 caused grievous injury under Section 335 IPC due to grave and sudden provocation, reducing his liability from Section 326 IPC and altering the sentence quantum.
What did the court decide?
The revision petition was allowed in part; the trial and appellate judgments were modified to convict Accused No. 2 under Section 335 IPC and impose reduced sentences on both accused.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
CRIMINAL REVISION PETITION NO.739 OF 2011
BETWEEN :
- NAGAIAH AGED ABOUT 41 YEARS S/O THIMMAIAH
- CHANDRAIAH AGED ABOUT 46 YEARS S/O THIMMAIAH
BOTH ARE R/O HALIYUR VILLAGE H.D.KOTE TALUK, MYSORE DIST.
... PETITIONERS
(BY SRI. P. NATARAJU, ADV.)
AND :
Issues for consideration
2 issues framed by the court
Whether the accused caused grievous injury with common intention or due to grave and sudden provocation.
Whether the conviction under Section 326 IPC is sustainable when the act was committed due to grave and sudden provocation.
Parties & counsel
- petitioner
NAGAIAH
- petitioner
CHANDRAIAH
- respondent
STATE OF KARNATAKA
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · September
- Registered
- Case no.
- CRL.RP/739/2011
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