IMPORTANT POINT
Offence of the accused must be proved beyond reasonable doubt before he is convicted.

Headnote:Criminal trial – Discrepancies and contradictions in evidence – TIP not conducted – Occurrence in night – Insufficient light – Witnesses identifying accused persons in court for the first time after two years – Delay of 8 days in making arrests not explained – Reasoning given by High Court self contradictory – Wound of the deceased not explained by prosecution – Offence of appellants not proved beyond reasonable doubt. (Para 21, 24, 29, 30)
       (2002) 7 SCC 295; (2013) 5 SCC 722 – Relied upon
       (2014) 13 SCC 143; (2013) 15 SCC 315; (2010) 11 SCC 296; (2010) 13 SCC 657; (2011) 11 SCC 111 – Referred
       Facts of the case:
       The appellants who were transporting stolen teak wood logs, on challenged, assaulted the Forest officials as a result of which one the officials died.
       The Trial Court acquitted all the accused-appellants from the charges levelled against them.
       The High Court has allowed the appeal in part and convicted all the accused-appellants.
       Finding of the Court:
       Impugned judgment is not sustainable.
       Result: Appeal allowed.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

The prosecution must prove the guilt of the accused beyond a reasonable doubt before conviction (!) (!) (!) .
Discrepancies and contradictions in witness testimonies, along with the absence of a Test Identification Parade (TIP), weaken the reliability of the identification process and cast doubt on the prosecution's case (!) (!) (!) (!) .
The delay in arresting the accused (8 days) without proper explanation raises suspicion of false implication, especially since the accused were later arrested from their homes, which questions the credibility of the prosecution story (!) (!) (!) (!) .
The evidence regarding injuries, including the unexplained surgical wound on the deceased, creates doubts about the prosecution's version of events and the cause of death (!) (!) .
Inconsistencies in the evidence of witnesses regarding the presence of teakwood logs and the manner of the incident undermine the case's strength (!) (!) .
The identification of the accused in court after a significant time gap (more than two years) without corroboration from a TIP or other evidence diminishes the reliability of such identification (!) (!) (!) .
The failure to send the clubs used for assault for forensic examination and the suspicious circumstances surrounding the recovery of the wooden logs further weaken the prosecution's case (!) (!) .
The overall assessment of the evidence indicates that suspicion or conjecture cannot replace proof, and the evidence presented does not establish the accused's guilt beyond a reasonable doubt (!) (!) .
The court emphasizes that contradictions, discrepancies, and the failure to adhere to proper legal procedures, such as timely TIP, impact the credibility of the prosecution case and the reliability of witness testimonies (!) (!) (!) .
Based on the totality of the evidence and the legal principles, the court finds that the prosecution has not proved the guilt of the accused beyond a reasonable doubt, leading to the acquittal of all accused persons (!) .

These points highlight the importance of consistent, corroborated evidence and adherence to legal procedures in criminal trials, and they underscore the necessity of proof beyond a reasonable doubt for conviction.

JUDGMENT :

V. Gopala Gowda, J.

This criminal appeal by special leave is directed against the impugned judgment and order dated 02.06.2005 passed in Crl. A. No. 184 of 1999(A) by the High Court of Karnataka at Bangalore whereby partly allowing the appeal filed by the State, the High Court has set aside the acquittal order passed by the Trial Court and convicted the appellant nos. 1 to 4 for the offences punishable under Sections 304 part II, 324, 353, 379 and 411 read with Section 34 of Indian Penal Code, 1860 (for short the “IPC”). However, it has upheld the acquittal of all the four appellants for the offence punishable under Section 24(e) of the Karnataka Forest Act.

2. Brief facts are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:-

The case of the prosecution is that on 27.06.1995, at around 3.00 am, the informant party, comprising of about 10 forest officials in a jeep, intercepted a bullock cart on Yallur-Nitagikoppa Kacha Road. It was alleged that the appellants herein were present on the said cart and transporting stolen teak wood log clandestinely and illegally, without a pass or permit. It was further alleged that an altercation ensued and Papasab (accused-appellant no.3) attacked V.C. Marambid (PW-8), Forest watcher, with a club. The aforesaid attack resulted in a bleeding injury to PW-8. It was further alleged that R.L. Patagar (since deceased), RFO and G.B. Nayak (PW-6), incharge R.F.O. (Plantation Superintendent) at Hangal tried to catch hold of the remaining accused, when Noorahammad (accused-appellant no.1) picked up a club from the cart and hit R.L. Patagar on back of the head. It was further alleged that Allauddin (accused-appellant no.2) also took up a club and beat R.L. Patagar. Further, Tajusab (accused-appellant no.4) took up club and beat G.B. Nayak. Thereafter, all the accused left the teak wood log and escaped in the bullock cart.

3. On 27.06.1995 at around 8.00 am, FIR No. 213 of 1995 in respect of the incident was lodged at the instance of one Timmanna (PW-1) at Hangal Police Station which was recorded by Sub Inspector, Maruti Raoji Shindhe (PW-19).

4. R.L. Patagar, who was undergoing treatment at KMC Hospital, Hubli, expired on 28.06.1995 at about 3.00 pm.

5. During the course of investigation all the four appellants were arrested from their house at Hullatti village and bullock cart and bullocks used in the commission of the said offence were also recovered.

6. The trial was conducted by Additional Sessions Judge, Dharwad for the offences punishable under Sections 302, 324, 353, 379 and 411 of IPC read with Section 34 of IPC and Section 24(e) of the Karnataka Forest Act. During trial, in order to prove its case, prosecution examined 22 witnesses. All the appellants, in their statement made under Section 313 of the Cr.P.C., denied all the incriminating circumstances appearing against them in the prosecution evidence. The Trial Court vide its judgment and order dated 13.11.1998 acquitted all the accused-appellants from the charges levelled against them.

7. Aggrieved by the decision of the Trial Court, the respondent-State preferred Criminal Appeal No. 184 of 1999(A) before the High Court of Karnataka, at Bangalore urging various grounds and prayed for setting aside the judgment and order of acquittal passed by the Trial Court.

8. The High Court vide its judgment and order dated 02.06.2005 has allowed the appeal in part and convicted all the accused-appellants for the offences punishable under Sections 304 part II, 324, 353, 379 and 411 read with Section 34 of IPC. For the offence punishable under Section 304 part II of IPC read with Section 34 of IPC, all the four appellants have been sentenced to undergo rigorous imprisonment for a period of 4 years each and to pay a fine of Rs. 1,000/- each and in default of fine, to undergo further rigorous imprisonment for a period of 2 months each. No separate sentences have been awarded for other offences. However, the acquittal

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2016 Supreme(SC) 114

SUPREME COURT OF INDIAV. GOPALA GOWDA, S.A. BOBDE, JJ.Noorahammad & Ors. – AppellantsVs.State of Karnataka – RespondentCriminal Appeal No. 412 of 2006Decided on : 02-02-2016

IMPORTANT POINTOffence of the accused must be proved beyond reasonable doubt before he is convicted.

Cases Referred (7)

SUPREME COURT OF INDIA
V. GOPALA GOWDA, S.A. BOBDE, JJ.
Noorahammad & Ors. – Appellants
Vs.
State of Karnataka – Respondent
Criminal Appeal No. 412 of 2006
Decided on : 02-02-2016

IMPORTANT POINT
Offence of the accused must be proved beyond reasonable doubt before he is convicted.