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2010 Supreme(Kar) 66
High Court of Karnataka
THE HONOURABLE MRS. JUSTICE MANJULA CHELLUR & THE HONOURABLE MR. JUSCTICE A.N. VENUGOPALA GOWDA
Aparajit Basak
Versus
State by High Grounds Police Station
Crl.A.No.325 of 2007
Decided On : 18-01-2010
For the Appellant:Aparajit Basak, Party-in-person, Shankar Naik, B. Venkat Rao, Advocates.
For the Respondent: S.B. Pavin, SPP.
Based on the provided legal document, the key points are as follows:
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The case involves a murder, attempted murder, and related offenses committed in Bangalore, with the accused being tried for various charges including murder (Section 302 IPC), attempt to murder (Section 307 IPC), robbery (Section 392 IPC), and other related offenses (!) (!) .
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The prosecution's case is primarily based on circumstantial evidence, including the presence of the accused at the scene, their movements, purchase of SIM cards, and possession of weapons without licenses (!) (!) .
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The deceased, Mr. Acharya, was found in Room No. 523 of Hotel Ashoka, dead in a bathtub with his hands and legs tied and his mouth covered, indicating homicidal death caused by compression over the mouth, nostrils, and neck (!) (!) .
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The evidence suggests that the accused persons had a motive to commit the murder, primarily related to a financial dispute involving a sum of Rs. 5 lakhs and mobile phones, and they acted in furtherance of a common intention (!) (!) (!) .
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Several witnesses, including hotel staff, police officers, medical experts, and witnesses from various hotels and service providers, testified about the presence of the accused in Bangalore, their movements, and their activities around the relevant dates (!) (!) (!) (!) .
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Evidence from forensic experts confirmed the presence of bite marks matching the dental impressions of accused No. 2 on the deceased, and fingerprint analysis linked accused No. 2 to the scene of the offense (!) (!) .
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Medical evidence indicated that the death was due to manual strangulation and suffocation, with external and internal injuries consistent with homicidal cause, supported by post-mortem reports and toxicology reports showing sedative drugs in the deceased's system (!) (!) (!) (!) (!) .
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The accused attempted to establish defenses such as alibi and false implication, but the evidence and investigation findings, including hotel records, mobile call details, and witness testimonies, largely contradicted these defenses (!) (!) (!) .
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The test identification parade and the identification of the accused by witnesses were conducted with some procedural irregularities but were considered credible and supportive of the prosecution case (!) (!) .
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The overall evidence, including documentary proof, witness testimony, forensic reports, and circumstantial links, was deemed sufficient to establish the guilt of the accused beyond reasonable doubt (!) (!) .
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The court found that the accused were present at the scene, had the opportunity, motive, and means to commit the offenses, and their actions were interconnected, forming a complete chain of evidence pointing to their guilt (!) (!) .
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The appeals filed by the accused challenging the conviction were dismissed, affirming the judgment of the trial court based on the comprehensive evaluation of the evidence (!) .
These points encapsulate the core findings and legal reasoning in the case, emphasizing the strength of the circumstantial and forensic evidence linking the accused to the crimes.
1. These 3 appeals arise out of common judgment of conviction and order of sentence dated 5.2.2007 in SC.662/2001 on the file of Fast Track Court-I (Sessions), Bangalore.
2. The appeal in No.325/2007 is filed by one Mr. Aparajit Biswanath Basak who was arrayed as accused No.1, appeal No.781/2007 is filed by one Ram Rakshaw Jaiswal, who was arrayed as 2nd accused and appeal No.468/2007 is filed by one Mr. Pankaj Kumar Roy who was arrayed as accused No.3, in SC.No.662/2001 on the file of the trial Court.
3. The learned trial Judge by the Judgment of conviction convicted accused Nos.1 to 3 for the offences punishable under sections 302, 307 and 328 read with section 34 of IPC, apart from convicting them for offences under sections 392 read with section 397 of IPC. They were acquitted of offences punishable under sections 420 and 120-B of IPC and so also in respect of offence punishable under section 25 of the Arms Act, 1959. The substantive sentence of imprisonment of life was in respect of offence punishable under section 302 of IPC. So far as other offences lesser sentence was imposed. Aggrieved by the said judgment of conviction and order of sentence the appellants-accused are before us.
4. At length we have heard Mr. Aparajit Basak in person and the learned Counsels appearing for other two appellants. The learned SPP Mr. S.B. Pavin argued for the prosecution seeking confirmation of judgment of conviction and sentence.
5. In brief the case of the prosecution is as under:
One Mr. K.R. Anantha Padmanabha Acharya (herein after called as ‘Acharya’ for short) was working as Manager at M/s Trade Wings Limited, Lavelle Road in the Department of Foreign Exchange. One Mr. Susainathan was also working with deceased Acharya as on the date of murder of Mr. Acharya on 7.5.2001.
According to the prosecution deceased Acharya left his office at about 1.30 pm on 7.5.2001 after informing Mr. Susainathan-P.W.1 that he was proceeding to Hotel Ashoka with his friend P.W.2 – Narasimhan with Rs.5,00,000/- (Rupees five lakhs) for exchange of the same towards foreign currency by some delegates. However, Mr. Acharya did not return to the office though he informed that he would return between 4.00 pm to 5.00 p.m. on that day. The efforts of P.W.1 to reach Acharya on mobile were futile. Though he tried to reach P.W.2 Narasimhan-friend of the deceased he was unable to reach him as well. One Mr. Ramesh-brother-in-law of P.W.2 contacted P.W.1-Susainathan and through P.W.1 Mr. Ramesh learnt that deceased Acharya and P.W.2 Narasimhan had gone to hotel Ashoka, no one was able to reach them on their mobiles. Making inquiries at the Hotel Ashoka with the staff was of no assistance. However, none of the family members and their acquaintances including P.W.1 had any clue whatsoever about the whereabouts of deceased Acharya and P.W.2 on 7.5.2001. Therefore, P.W.1-Susainathan lodged man-missing complaint in respect of Acharya in Crime No.270/2001 with Ulsoor Gate Police Station by 4.00 a.m. on 8.5.2001. Similarly man-missing complaint of P.W.2-Narasimhan was lodged at the Sadashivanagar Police Station.
When deceased did not return home as P.W.1 and the police found the car of the deceased and scooter of Mr. Narasimhan in the parking place of Hotel Ashoka, they approached the receptionist of hotel Ashoka to inquire about the deceased and P.W.2, and also which of the rooms were vacated. On enquiry with the housekeeping and checking of the records, it was learnt in front of room No.523, a sign board of “do not disturb” was hung. It was learnt from housekeeping boys that since the previous day the said board was hung and no order whatsoever came to be placed for any requirements from the said room. On summoning the Manager of Hotel Ashoka, with the help of a duplicate key, the door of the room was opened. To their shock, they found Mr. Narasimhan-P.W.2 sitting in a chair like a disoriented person looking lost. In the bath room of room No.523, Mr. Acharya
