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ABHAY S. OKA, PANKAJ MITHAL
Sharanappa @ Sharanappa – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
(Abhay S. Oka, J.)
Heard the learned senior counsel appearing for the appellant and the learned Additional Advocate General appearing for the respondent-State.
2. The appellant was convicted by the Trial Court for the offences punishable under Sections 302 and 201 of the Indian Penal Code (for short "IPC"). For the offence under Section 302, the Trial Court sentenced the appellant to undergo life imprisonment and to pay fine of Rs.25,000/- (Rupees twenty five thousand). In the appeal, by the impugned judgment, the High Court has confirmed the conviction.
3. Reference to few relevant facts will be necessary. The deceased is Meenakshi with whom the appellant married on Basavajayanti day in the year 2003 in a mass marriage programme. The appellant was working as a Coolie at Mangalore. About 3-4 months prior to the date of incident, the appellant took the deceased to Mangalore and started residing together in a rented room owned by PW-10.
4. The case of the prosecution is that on 28th May, 2004 PW-3 Alfred Mathai saw the appellant in the company of the deceased near Mariyapura Bus Stop. On 30th May, 2004 a body of a female person was recovered in a decomposed state. The body wa
Examination of witnesses by Police – Portion of prior statement shown to witness for contradicting the witness must be proved through Investigating Officer – Unless said portion of prior statement us....
The prosecution must establish a complete chain of circumstantial evidence leading to the only conclusion of guilt for a conviction to be sustainable.
The central legal point established in the judgment is the requirement for a complete chain of circumstances to establish guilt beyond reasonable doubt in cases based on circumstantial evidence, emph....
A conviction based on circumstantial evidence requires an unbroken chain of evidence, and the prosecution must prove guilt beyond reasonable doubt, not merely suggest the accused may be guilty.
Murder – Theory of last seen together is very weak in absence of motive.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
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