Circumstantial Evidence Chain Broken: Flawed Sec 27 Recovery & Inadmissible CDR Lead to Acquittal in Murder Case: Karnataka HC - 2025-09-24

Karnataka High Court Acquits Three in Murder Case, Cites Broken Chain of Circumstantial Evidence

Bengaluru: The Karnataka High Court has acquitted a domestic help and two others convicted for a 2013 murder, overturning a trial court's life sentence. The division bench of Justice K.S. Mudagal and Justice M.G.S. Kamal ruled that the prosecution failed to establish a complete and unbroken chain of circumstances pointing exclusively to the guilt of the accused.

The court highlighted critical flaws in the investigation, including the inadmissibility of electronic evidence and legally defective recovery procedures, ultimately granting the appellants the benefit of the doubt.

Case Background

The case dates back to August 20, 2013, when Parimala, a resident of Pavagada town, was found murdered in her home. The prosecution alleged that her domestic help, Smt. Ramanjinamma (Accused No. 1), conspired with Sri Narsima Reddy (Accused No. 2) and Sri P Ramu (Accused No. 3) to rob and murder her.

According to the prosecution's narrative, Ramanjinamma, who was allegedly in an illicit relationship with Narsima Reddy, tipped him off about the valuables in her employer's house. The accused men then entered the house, murdered Parimala by strangulation, and robbed her of jewellery. To feign innocence, they allegedly tied up Ramanjinamma and locked her in a bathroom before fleeing. A trial court in Madhugiri convicted them in 2015, sentencing them to life imprisonment based on circumstantial evidence.

Arguments Before the High Court

The appellants, represented by advocates Sri Shaikh Saoud and Dr. J.S. Halashetty (Amicus Curiae), argued that the prosecution's case was built on a weak foundation. They contended that:

- The 'last seen' evidence from a witness (PW.2) was unreliable as he was a stranger to the accused and no Test Identification Parade was conducted.

- The alleged motive, rooted in an illicit affair and financial need, was not proven. Crucially, the Call Detail Records (CDR) submitted to show communication between the accused were inadmissible as they lacked the mandatory certificate under Section 65B of the Indian Evidence Act.

- The recovery of stolen jewellery and other items was not conducted in accordance with the law, rendering it legally unsustainable.

The State Public Prosecutor, Sri Vijayakumar Majage, defended the conviction, asserting that all circumstances, including the 'last seen' theory, motive, and recovery of articles, were proven beyond a reasonable doubt. He also pointed out that a co-accused's appeal had already been dismissed by the High Court.

Court's Analysis: A Chain Riddled with Weak Links

The High Court meticulously dismantled the prosecution's case, scrutinizing each piece of circumstantial evidence and finding it wanting. The judgment heavily relied on the principles established by the Supreme Court in landmark cases.

Citing Sharad Birdichand Sarda and Ramanand

The bench reiterated the stringent test for cases based on circumstantial evidence, as laid down in Sharad Birdichand Sarda v. State of Maharashtra (1984) . The court emphasized that the circumstances "must be" fully established and form a chain so complete as to exclude any hypothesis of innocence.

Applying this test, the court found several fatal gaps:

1. Inadmissible Electronic Evidence: The foundation of the motive—the alleged relationship and conspiracy between accused No. 1 and 2—rested on phone call records (Ex.P26). The court noted, "Basically, Ex.P26 was not admissible in evidence unless the certificate required under Section 65B of the Evidence Act was produced... Basically admitting the said document by the trial Court itself is contrary to the law." Without this evidence, the motive "crumbles."

2. Flawed Recovery under Section 27: The court found the recovery of stolen items from the accused to be legally defective, referencing the Supreme Court's guidelines in Ramanand v. State of Uttar Pradesh (2023) . It observed that the accused's disclosure statements were not recorded in the presence of independent panch witnesses as required. The judgment pointedly criticized the investigation: > "Reading of the text of Ex.P6 shows that it was not the accused who made disclosure statements before the panchas, but on summoning them the Investigating Officer revealed to them that the accused had made statements..."

   Furthermore, the court deemed it suspicious that the same individual (PW.5) was used as a panch witness for multiple seizures conducted at different locations, including in another state.

3. Unreliable 'Last Seen' and Other Evidence: The 'last seen' testimony was dismissed as "chance sighting" by a witness who did not know the accused. Similarly, the evidence of purchasing the ligature rope was found to be not credible.

Final Verdict

Concluding that the prosecution failed to meet the high standard of proof required in circumstantial evidence cases, the High Court allowed the appeal and set aside the conviction.

"The chain of circumstances shall be so complete that they should lead to the only hypothesis of the guilt of the accused... Above evaluation of evidence shows that, this case does not fall within the parameters fixed by the Hon’ble Supreme Court," the bench stated.

The court ordered the immediate release of Ramanjinamma and P Ramu. The acquittal of Narsima Reddy, who had absconded while on parole, was also ordered, though any order forfeiting his bail bond was maintained. The bench also placed on record its appreciation for the assistance rendered by the Amicus Curiae.