Case Note & Summary
The case involves two criminal appeals filed by accused persons convicted by the LVI Additional City Civil and Sessions Judge, Bengaluru in S.C.No.192/2019. The appellant in Crl.A.No.691/2022, Gurraiah @ Chittibabu (accused No.1), was convicted under Section 302 IPC for murder, while the appellants in Crl.A.No.724/2022, G.Praveen @ Ompode (accused No.2) and Kishore M. (accused No.3), were convicted under Section 307 read with 34 IPC for attempted murder. The incident occurred on 18.02.2019 at Yeshwanthpura, Bengaluru, where the deceased was allegedly attacked by the accused. The prosecution relied on the testimony of PW-1 (wife of deceased) and PW-2 (son of deceased) as eyewitnesses. The trial court convicted the accused based on their testimony. On appeal, the High Court examined the evidence and found that PW-1 and PW-2 were interested witnesses, and their testimony contained contradictions and improvements. There was no independent witness to corroborate their version. The court also noted that the prosecution failed to prove the last seen theory and other circumstantial evidence. Consequently, the High Court held that the prosecution did not prove the guilt beyond reasonable doubt and set aside the conviction and sentence, acquitting all accused.
Headnote
A) Criminal Law - Murder and Attempted Murder - Appreciation of Evidence - Interested Witness - Testimony of interested witnesses requires careful scrutiny and corroboration - The court held that the evidence of PW-1 (wife of deceased) and PW-2 (son of deceased) was unreliable due to contradictions and improvements, and there was no independent corroboration - Conviction set aside (Paras 10-20). B) Criminal Law - Circumstantial Evidence - Last Seen Theory - The prosecution failed to establish the chain of circumstances leading to the guilt of the accused - The last seen theory was not proved beyond reasonable doubt as the time gap and circumstances were not clearly established (Paras 21-25). C) Criminal Law - Benefit of Doubt - Acquittal - When the prosecution fails to prove guilt beyond reasonable doubt, the accused is entitled to benefit of doubt - The court allowed the appeals and set aside the conviction and sentence (Paras 26-30).
Issue of Consideration
Whether the conviction of the appellants under Sections 302 and 307 read with 34 of the Indian Penal Code, 1860 (IPC) is sustainable based on the testimony of interested witnesses and lack of independent corroboration.
Final Decision
The appeals are allowed. The judgment of conviction dated 09.12.2021 and order of sentence dated 13.12.2021 passed by the LVI Additional City Civil and Sessions Judge, Bengaluru in S.C.No.192/2019 are set aside. The appellants are acquitted of all charges. Their bail bonds stand cancelled.
Law Points
- Appreciation of evidence
- Interested witness
- Corroboration
- Circumstantial evidence
- Benefit of doubt
