High Court of Karnataka Delivers Judgment in Appeals Against Acquittal in IPC Murder Case. Appeals by State and Victim Challenge Acquittal of Three Accused for Murder Under Sections 302, 201, 114 IPC Based on Circumstantial Evidence of Motive and Recovery.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The case involved appeals against the acquittal of three accused by the VI Additional District and Sessions Court, Tumakuru for the murder of one M.P. Raghunatha. The deceased was suspected of having an illicit relationship with the wife of accused No.3. About a month prior, the deceased had threatened to kill accused No.3, and had also insulted accused Nos.1 and 2 by calling them caste names. On 21.12.2009, accused Nos.1 to 3 went to the deceased's house on a motorcycle. Accused No.3 stood guard while accused Nos.1 and 2 entered, ostensibly to compromise. The deceased allegedly abused them and picked up a knife. Accused No.3 instigated them, and accused No.2 assaulted the deceased with an iron rod, severing his fingers and causing grievous injuries. Accused No.1 then took the knife and stabbed him, causing death. They fled with the mobile phone and weapons, later disposing of them in a tank and roadside. The complainant, father of the deceased, filed a complaint, leading to FIR under Sections 302, 201, 114 IPC. After investigation, charge sheet was filed. The trial court, after examining 29 witnesses and marking documents, acquitted the accused. The State and the victim preferred separate appeals. The High Court heard arguments from the Special Public Prosecutor, who contended that the chain of circumstances—motive, eyewitness testimony, recovery—was complete and proved guilt beyond reasonable doubt, citing the principle that proof beyond reasonable doubt is a guideline, not a fetish. The defense argued that the prosecution failed to establish a complete chain and that the acquittal was justified. The judgment, as provided, ends before the court's analysis and decision, thus the final outcome is not mentioned.

Headnote

A) Criminal Law - Circumstantial Evidence - Chain of Circumstances - Indian Penal Code, 1860, Sections 302, 201, 114 - The prosecution presented evidence of motive (caste insults and illicit relationship), recovery of weapons (iron long and knife) based on disclosure statements, and testimony of witnesses. The court examined whether the chain of circumstances was complete and whether the trial court's acquittal was contrary to the evidence. (Paras 5-10).

B) Criminal Procedure - Appeal Against Acquittal - Code of Criminal Procedure, 1973, Sections 378, 372 - The State and the victim filed appeals challenging the acquittal. The court considered the scope of interference with acquittal and whether the prosecution had proved its case beyond reasonable doubt. (Paras 1-4).

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Issue of Consideration

Whether the trial court's acquittal of the accused for offences under Sections 302, 201, 114 IPC was justified given the prosecution's evidence establishing motive, recovery of weapons, and eyewitness testimony forming a complete chain of circumstances.

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Law Points

  • proof beyond reasonable doubt is a guideline and not a fetish
  • chain of circumstances must be complete to convict
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Case Details

2022 LawText (KAR) (11) 24

Criminal Appeal No.233 of 2017 connected with Criminal Appeal No.1940 of 2016

2022-11-15

K. Somashekar, C.M. Joshi

Abhijith K S, A.H. Bhagavan, A.N. Radhakrishna, B. Venkat Rao

State by New Extension Police Station, Tumakuru (Crl.A.233/2017) and R. Puttarangaiah (Crl.A.1940/2016)

Dheeraj Krishna @ Dheeri, Mohan Kumar @ Kumara, Sunil Gowda @ Gowda (Accused) and State of Karnataka (in Crl.A.1940/2016)

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Nature of Litigation

Criminal appeal against acquittal

Remedy Sought

Appellants seek setting aside of acquittal and conviction of accused under Sections 302, 201, 114 IPC

Filing Reason

Aggrieved by the trial court's acquittal of accused despite sufficient evidence

Previous Decisions

VI Additional District and Sessions Court, Tumakuru acquitted accused in S.C.No.58/2011 on 27.08.2016

Issues

Whether the trial court's acquittal was justified given the evidence of motive, recovery, and eyewitness testimony. Whether the chain of circumstances was complete to prove guilt beyond reasonable doubt.

Submissions/Arguments

Prosecution/Appellants argued that motive was established by caste insults and illicit relationship, recovery of weapons corroborated by disclosure statements, and eyewitnesses supported the case; the chain of circumstances pointed to guilt and proof beyond reasonable doubt is a guideline, not a fetish. Defense argued that the prosecution failed to prove the case beyond reasonable doubt; the evidence was insufficient and the acquittal was proper.

Judgment Excerpts

proof beyond reasonable doubt is a guideline and not a fetish and a guilty man cannot get over from the truth as narrated in the theory of the prosecution, merely because sufferance from some infirmities when projected through the human process. accused No.2 with iron long had assaulted over the right hand, forearm, neck, stomach and over shoulder of M.P.Raghunatha @ Raghu. Therefore, fingers of right hand of M.P.Raghunatha @ Raghu have been severed and that he had sustained grievous injuries.

Procedural History

Based on complaint by father of deceased, FIR registered under Sections 302, 201, 114 IPC. Investigation conducted, charge sheet filed. Case committed to Sessions Court (S.C.No.58/2011). Trial held: 29 witnesses examined, documents and material objects marked. Accused pleaded not guilty, examined under Section 313 CrPC, no defense evidence. Trial court acquitted all three accused on 27.08.2016. State and victim filed separate appeals under Sections 378 and 372 CrPC respectively. Appeals came for hearing on 15.11.2022.

Acts & Sections

  • Indian Penal Code, 1860: 302, 201, 114, 34
  • Code of Criminal Procedure, 1973: 378(1), 378(3), 372, 209, 313, 233
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