Supreme Court · 2009 INSC 1282 · Decided 3 December 2009
K.H. Shekarappa & Others v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1282 · [2010] 3 S.C.R. 883
- Case number
- CRIMINAL APPEAL No. 382/2003
- Decided
- 3 December 2009
- Bench
- H.S. BEDI, J.M. PANCHAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 201, 149, 218, 302, 511; Evidence Act Section 106
Headnote
Penal Code, 1860: A B ss. 304(part 11)134 and 324134 - Custodial death - Burden c of proof - Five persons beaten up by police officials in police station - Two of them died and three sustained injuries - HELD: By ocular version and medical evidence, prosecution has proved its case against accused the deceased were brought alive to the police 0 station but were produced dead before medical officer, it is for the accused-police officials to explain the circumstance in which the victims died - The accused pleaded a false defence which reinforces their guilt -Conviction and sentence upheld -
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