Case Note & Summary
The present appeal was filed by the appellants/accused Nos.1 to 4, 10, 11 and 13 challenging the judgment of conviction and order of sentence passed by the Special Judge at Gulbarga in Special Case No.189/2010 dated 19.05.2012. The prosecution case was that the deceased Husanappa Doddamani, belonging to a scheduled caste, was cultivating the land of PW.3-Channabasappa Patil for the last 18-20 years. On the date of incident, the accused persons allegedly abused the deceased in filthy language referring to his caste, assaulted him with deadly weapons, and caused his death. The trial court convicted the appellants under Sections 302, 307, 324, 504, 506 read with Section 149 IPC and Sections 3(2)(v) and 3(2)(v-a) of the SC & ST (Prevention of Atrocities) Act, 1989. The High Court heard the appeal through virtual hearing. The court examined the evidence of the eye witnesses and found that their testimonies were contradictory and inconsistent regarding the occurrence and the specific roles of each accused. The court noted that the prosecution failed to establish that the deceased was insulted on the ground of caste. The court held that the evidence on record did not inspire confidence and the prosecution failed to prove the guilt of the appellants beyond reasonable doubt. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellants.
Headnote
A) Criminal Law - Murder and Atrocities - Benefit of Doubt - Inconsistent Evidence - Conviction under Sections 302, 307, 324, 504, 506 read with Section 149 IPC and Sections 3(2)(v) and 3(2)(v-a) of SC & ST (Prevention of Atrocities) Act, 1989 - The prosecution case relied on eye witnesses whose testimonies were contradictory and inconsistent regarding the occurrence and the role of each accused - The court found that the evidence did not inspire confidence and the prosecution failed to prove the guilt beyond reasonable doubt - Held that the appellants are entitled to benefit of doubt and acquitted (Paras 10-20).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 307, 324, 504, 506 read with Section 149 IPC and Sections 3(2)(v) and 3(2)(v-a) of the SC & ST (Prevention of Atrocities) Act, 1989 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. The judgment of conviction and order of sentence passed by the Special Judge at Gulbarga in Special Case No.189/2010 dated 19.05.2012 is set aside. The appellants are acquitted of all charges.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Caste-based insult
- Common intention
- Acquittal
