Case Note & Summary
The High Court of Karnataka at Bengaluru heard a criminal appeal filed by six accused persons against their conviction by the II Additional District and Sessions Judge, Ramanagaram, in S.C.No.97/2011 dated 19.01.2017. The appellants were convicted for offences under Sections 143, 147, 302 read with 149 IPC and sentenced to life imprisonment. The prosecution case was that on the date of incident, the accused formed an unlawful assembly and murdered the deceased due to previous enmity. The trial court relied on the testimony of eyewitnesses and circumstantial evidence to convict the accused. However, on appeal, the High Court examined the evidence and found that the eyewitnesses had turned hostile and did not support the prosecution case. The identification of the accused was doubtful as there was no corroboration from independent witnesses. The court noted that the prosecution failed to prove the guilt beyond reasonable doubt. The High Court held that the trial court's judgment was based on inconsistent and unreliable evidence, and therefore, the conviction was unsustainable. The appeal was allowed, the conviction was set aside, and the accused were acquitted. The court directed that the accused be set at liberty forthwith if not required in any other case.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Sections 143, 147, 302 read with 149 IPC - Conviction set aside - Appeal against conviction for murder - Prosecution case based on eyewitness testimony and motive - Eyewitnesses turned hostile and did not support prosecution case - Identification of accused doubtful due to lack of corroboration - Held that conviction cannot be sustained on inconsistent and unreliable evidence - Benefit of doubt granted to accused (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellants under Sections 143, 147, 302 read with 149 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment and order of conviction dated 19.01.2017 passed by the II Additional District and Sessions Judge, Ramanagaram, in S.C.No.97/2011 is set aside. The appellants are acquitted of all charges. They shall be set at liberty forthwith if not required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Unlawful assembly
- Common intention
- Circumstantial evidence
- Burden of proof
