Conviction based on circumstantial evidence requires credible proof and a complete chain of circumstances; failure to establish these leads to acquittal.

JUDGMENT :

Mehta, J.

1. This appeal takes exception to the common judgment dated 3rd August, 2010 rendered by the Division Bench of High Court of Karnataka(Circuit Bench, Gulbarga)¹[Hereinafter, referred to as the ‘High Court’.] in Criminal Appeal No. 964 of 2006 filed by Manoj @ Manohar²[Hereinafter, referred to as ‘Manoj(A-1)’(since deceased).] and Criminal Appeal No. 1157 of 2006 filed by the appellants, Thammaraya³[Hereinafter, referred to as ‘Thammaraya(A-2)’.] and Basappa @ Basavaraj.⁴[Hereinafter, referred to as ‘Basappa(A-3)’.]

2. The three accused persons, namely, Manoj(A-1), Thammaraya(A-2) and Basappa @ Basavaraj(A-3) were tried by the learned Fast Track Court-1, Bijapur⁵[ Hereinafter being referred to as the ‘trial Court’] in Sessions Case No. 22 of 2002 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860.⁶[Hereinafter being referred to as the ‘IPC’] They were convicted and sentenced in the following terms: -

3. The appeal(s) preferred by the accused persons against the judgment of the trial Court came to be dismissed by the High Court, vide common judgment dated 3rd August, 2010, which is a subject matter of challenge in this appeal by special leave.

4. Since accused Manoj(A-1) passed away during the pendency of this appeal, Criminal Appeal No. 648 of 2013 filed by him has been dismissed as abated by this Court vide order dated 9th January, 2025.

Brief Facts: -

5. As per the prosecution case, Manoj(A-1) was the nephew of Shrishail, a liquor merchant. He had developed an immoral and illicit relation with the wife of Shrishail. As a sequel to this illicit relationship, Manoj(A-1) hatched a plan to eliminate Shrishail. For this purpose of carrying out the same, he contacted Thammaraya(A-2) and Basappa(A-3).

6. On 24th August, 2001, Manoj(A-1) took Shrishail in his Indica car bearing No. MP-09/HB-7769 on the pretext of taking him to see an expert doctor at Sholapur, Maharashtra. He also instructed Thammaraya(A-2) and Basappa(A-3) to meet them on the way. All the accused persons thereafter committed murder of Shrishail by strangulating him with a nylon rope and abandoned the dead body between Konnur cross to Domnal cross of Bijapur on National Highway No. 13. Before abandoning the dead body, the clothes worn by the deceased Shrishail were taken off and his denuded body was thrown in the forest area near Tungabhadra dam at Hospet. The clothes of deceased Shrishail were thrown away at some different location. Accused Manoj(A-1) made a pretence of being a victim of dacoity and lodged a complaint⁷[Complaint No. 165 of 2001] before the Solapur Police at Bijapur Naka for the offences punishable under Sections 395, 363, 365, 323, 506(2) IPC read with Section 3(25) of the Arms Act, 1959 and Section 135 of Bombay Police Act, 1951 which came to be registered as Crime No. 165 of 2001 dated 25th August, 2001. It was inter alia alleged in the said complaint that when he was near Teramail R.T.O Check Post, some unknown persons, with their faces hidden under a “Burka” and armed with weapons had come in two Maruti vans, stopped their car and launched an attack on them. Eventually, the assailants abducted Shrishail. He also alleged that the unknown persons dragged him out of the car and pointed a revolver at hi