SANJAY KAROL, VIPUL M. PANCHOLI
Tulasareddi @ Mudakappa – Appellant
Versus
State Of Karnataka – Respondent
IN THE SUPREME COURT OF INDIA
CRIMINAL APPEAL NO. _ OF 2026
(Against the judgment and order dated 28.11.2023 passed by the High Court of Karnataka, Dharwad Bench)
BETWEEN:
[Name of the Appellant(s)]
...Appellant(s)
AND
The State of Karnataka
...Respondent
NOTICE OF APPEAL
GROUNDS OF APPEAL
The appellant(s) respectfully submit(s) that the High Court erred in interfering with the order of acquittal passed by the trial court, which was based on a thorough appreciation of the evidence on record. The trial court's conclusion was a plausible view, supported by the evidence, and the High Court failed to consider that when two reasonable conclusions can be drawn from the evidence, the appellate court should not disturb the acquittal merely because another plausible view exists (!) .
The High Court overlooked the principles that an order of acquittal can only be overturned if it is patently unreasonable, based on misreading or omission of material evidence, or if there are compelling and substantial reasons for doing so. The view taken by the trial court was a reasonable and possible inference from the evidence, and the High Court's decision to reverse it was unjustified (!) (!) (!) .
The appellate court's interference was also unwarranted because the trial court's findings were based on a proper assessment of the evidence, and there was no clear perversity or misapplication of law. The High Court failed to recognize that the evidence relied upon did not conclusively establish the guilt of the appellant(s) beyond reasonable doubt, and alternative plausible interpretations of the evidence existed (!) .
The appellant(s) further contend(s) that the High Court did not adequately reappreciate the entire evidence and failed to give due weight to the plausible view taken by the trial court. As such, the impugned judgment is liable to be set aside, and the original order of acquittal should be restored (!) .
PRAYER
a. Admit this appeal and call for the records from the High Court;
b. Set aside the impugned judgment and order dated 28.11.2023;
c. Restore the order of acquittal passed by the trial court;
d. Pass such other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
Costs of this appeal may also be awarded in favor of the appellant(s).
The appellant(s) hereby declare(s) that the appeal is filed within the period of limitation and that all facts stated are true to the best of his/her/its knowledge and belief.
Place: ___
Date: _____
Signature of the appellant(s) or Advocate for the appellant(s)
[Name and Address of the Advocate]
JUDGMENT :
VIPUL M. PANCHOLI, J.
1. The appellants have preferred the present appeals challenging the common judgment and order dated 28.11.2023 passed by the High Court of Karnataka, Dharwad Bench, whereby the High Court has quashed and set aside the order of acquittal passed by the concerned Trial Court and thereby convicted the present appellants for committing the offences punishable under Sections 302, 120-B, 201, 506 read with Section 34 of the Indian Penal Code, 1860 (hereinafter to be referred as the ‘IPC’), and sentenced them to :
(b) undergo life imprisonment and pay fine of Rs.10,000/- each, for an offence punishable under Section 120-B read with Section 34 of IPC, in default, shall undergo for further six months imprisonment.
(c) undergo sentence for a period of two years and to pay fine of Rs.5,000/- each, for an offence punishable under Section 201 read with Section 34 of IPC, in default, shall undergo for further three months imprisonment.
(d) undergo sentence for a period
None of the cases listed explicitly indicate that they have been overruled, reversed, or otherwise treated as bad law. There are no phrases such as "overruled," "reversed," "criticized," or "disapproved" associated with either case. Therefore, based on the information provided, no case is identified as bad law.
Followed:
Ramesh VS State of Utarakhand - 2016 0 Supreme(SC) 1750: The case emphasizes the importance of the prosecution proving guilt beyond reasonable doubt and states that an order of acquittal should only be reversed if there are compelling reasons. The language suggests this case is establishing a standard or principle that is likely followed in subsequent cases, as it states a fundamental legal point without indicating any subsequent treatment or challenge.
Distinguished:
Babu Sahebagouda Rudragoudar VS State Of Karnataka - 2024 4 Supreme 10: This case discusses the nature of motive and the admissibility of confession statements recorded under Section 27 of the Evidence Act. The detailed explanation of the admissibility of confession parts and the distinction made within the statement suggests that this case may be used as a reference point to differentiate admissible and inadmissible evidence, but there is no indication it has been overruled or criticized. Its treatment pattern is neutral, serving as a reference rather than being challenged.
Uncertain:
There are no cases with ambiguous treatment based on the provided descriptions. Both cases are presented as established legal points without any indication of subsequent judicial treatment that would render their status uncertain.
None. The treatment of both cases appears clear from the provided descriptions.
Murder – If two reasonable conclusions are possible on the basis of evidence on record, Appellate Court should not disturb findings of acquittal recorded by Trial Court on the ground that another vie....
(1) Appeal against acquittal – If appellate court comes to conclusion that findings recorded by trial court are erroneous and contrary to law, it is always open for appellate court, by recording good....
In an appeal against acquittal, it would not be legally sufficient for High Court to take a contrary view about credibility of witnesses.
Eyewitness testimony carries significant evidentiary weight; convictions can be sustained on reliable single eyewitness accounts without need for corroboration if found trustworthy.
The main legal point established in the judgment is that in an appeal against acquittal, the appellate court should not disturb the findings of acquittal recorded by the trial court if two reasonable....
(1) Motive acts as a double-edged sword.(2) Disclosure statement – Statement of an accused recorded by a police officer under Section 27 of Evidence Act is basically a memorandum of confession of acc....
In criminal appeals, the prosecution must prove guilt beyond reasonable doubt through a complete chain of circumstantial evidence, especially where direct evidence is absent, reinforcing a presumptio....
An inference can never be basis of conviction when testimony of a witness is not believed on cogent reasoning.
The prosecution must establish guilt beyond reasonable doubt, and unreliable eyewitness testimony cannot support a conviction.
(1) Appeal against acquittal – There is presumption of innocence in favour of accused, unless proven guilty – Presumption continues at all stages of trial and finally culminates into a fact when case....
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