Case Note & Summary
The appellant was convicted by the Trial Court under Section 302 of the Indian Penal Code and sentenced to death for the murder of five persons, his wife Pakkeeramma, her sister Gangamma, and three minor children Pavithra, Nagaraj, and Basamma. The incident occurred on 25 February 2017. The prosecution case rested on circumstantial evidence, alleging that the appellant suspected the fidelity of his wife and paternity of three children, leading to a brutal assault with a chopper. The appellant appealed against the conviction and sentence, while a reference was made for confirmation of the death sentence. The appellant’s counsel argued that there were no eyewitnesses, the circumstantial evidence did not form a complete chain, the last seen theory was not established, and recoveries were not based on confession. The State argued that the Trial Court correctly appreciated the evidence, the appellant was the only person present, and his extra-judicial confession was credible. The High Court heard arguments and reserved judgment; however, the provided judgment text does not include the court’s final decision, reasoning, or operative order.
Issue of Consideration
Case Details
2023 LawText (KAR) (05) 22
Criminal Appeal No. 100170 of 2020 with Criminal Referred Case No. 100002 of 2020
Suraj Govindaraj, G Basavaraja
S. L. Matti, V. M. Banakar
Byluru Thippaiah @ Byaluru Thippaiah @ Nayakara Thippaiah
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against conviction and death sentence, coupled with a reference for confirmation of death sentence under Section 366 of Cr.P.C.
Remedy Sought
Appellant seeks to set aside the judgment of conviction and death sentence; State seeks confirmation of death sentence.
Filing Reason
Aggrieved by the Trial Court’s order convicting the appellant under Section 302 IPC and sentencing him to capital punishment.
Previous Decisions
III Additional District and Sessions Judge, Ballari (sitting at Hosapete) in Sessions Case No. 5031/2017 convicted the appellant and sentenced him to death on 03.12.2019.
Issues
Whether the circumstantial evidence established the guilt of the appellant beyond reasonable doubt
Whether the death sentence imposed is appropriate and requires confirmation
Submissions/Arguments
Appellant argued that there are no eyewitnesses, the case is one of circumstantial evidence, the prosecution failed to prove the case beyond reasonable doubt, and several loopholes exist in the prosecution story.
Appellant contended that the motive of suspected fidelity is vague and not substantiated, the last seen theory is not proved, and recovery of material objects was not based on any confession.
Appellant relied on decisions of the Supreme Court regarding the standard of proof in circumstantial evidence cases, asserting that the chain of circumstances must be complete and exclude every other hypothesis.
State argued that the Trial Court correctly appreciated evidence, the appellant was the only person present in the house, and his extra-judicial confession was deposed by multiple witnesses, establishing guilt.
State submitted that the brutality of killing five persons, including minor children, makes it a rarest of rare case warranting confirmation of death penalty.
Judgment Excerpts
The Appellant came out of the house and shouted that he was happy to have chopped his wife and sister-in-law, who are involved in immoral activities and that he has also chopped off three children who were not born to him. (Para 4)
The only witnesses who have supported the case of the prosecution properly are the police/state witnesses and there is no independent corroboration of the allegation made by the State against the Appellant. (Para 10.9)
Procedural History
A complaint was filed leading to registration of Crime No.23/2015 at Kampli Police Station for offence under Section 302 IPC. After investigation, a charge sheet was filed, and the Committal Court committed the case for trial. The Trial Court framed charges, examined 36 witnesses, marked exhibits and material objects, recorded the appellant’s statement under Section 313 Cr.P.C., and upon hearing both sides, convicted and sentenced him to death. The appellant filed Criminal Appeal No. 100170/2020, and the matter was referred under Section 366 Cr.P.C. for confirmation of sentence (Criminal Referred Case No. 100002/2020). Both matters were heard together by the High Court.
Acts & Sections
- Indian Penal Code, 1860: 302
- Code of Criminal Procedure, 1973: 374(2), 366, 313
- Indian Evidence Act, 1872: 27, 106
