Since we had heard the matter at length and, also considered the written brief, we are referring to the brief facts of the case and the substantial question which arises in this appeal so that it may be of assistance at the time of final hearing of the matter. The Trial Court after considering the evidence led during the trial, convicted all the four accused for the offences punishable under sections 302, 341 and 506 read with section 34 of the IPC vide judgment dated 22.11.2016 and further awarded sentence on 28.11.2016. Once the accused Nos.2, 3 and 4 were convicted under section 304 Part-II IPC and awarded 10 years of rigorous imprisonment with Rs.5,000/- fine each, the same conviction and sentence should have been awarded to the appellant (accused No.1), otherwise, it would amount to travesty of justice. Nagamuthu, learned senior counsel, either all the four accused with the aid of section 34 IPC were liable to be convicted and sentenced under section 302 IPC or under section 304 Part-II IPC.
Case Title: VITHAL Vs. STATE OF KARNATAKA (2024 INSC 79)
Case Number: SLP(Crl) No.-016487 / 2023
