A.D.KOSHAL, S.MURTAZA FAZAL ALI
Nagappa Dondiba Kalal – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
FAZAL ALI, J. :— The appellant has been convicted by the High Court under Section 302 to life imprisonment and under Section 394 to five years rigorous imprisonment. The appellant was acquitted by the Sessions Judge of the charges framed against him but in an appeal filed by the State before the High Court , the acquittal was set aside and the appellant was convicted as mentioned above.
2. The conviction of the appellant rests entirely on circumstantial evidence consisting of the recovery of some gold ornaments at the instance of the appellant.
3. We have gone through the judgment of the High Court and we find ourselves in complete agreement with the reasons given by the High Court for holding that the identity of the ornaments recovered at the instance of the appellant which belonged to the deceased Pashyabi had been fully established. It was also proved that she had been wearing these ornaments when she left the house on the night of 10-4-1973. The recoveries were made on 13-4-1973 that is to say within three days of the occurrence. P. Ws. 7, 8, 16, and 17 who are close relations of the deceased and who had full opportunity to see her wearing these ornaments and have ident
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.