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2014 Supreme(Kar) 664
High Court of Karnataka
N. ANANDA & PRADEEP D.WAINGANKAR, JJ.
State Of Karnataka By Hassan Rural Police
Versus
Thammegowda @ Thammaiah & Another
Criminal Appeal No.196 of 2011
Decided on : 17-11-2014
For the Appellant: Vijayakumar Majage, HCGP.
For the Respondents:G.M. Ananda, Advocate.
The prosecution must establish a complete chain of circumstances in a case of circumstantial evidence to prove the guilt of the accused.
Headnote:
MURDER - Circumstantial Evidence - Sections 302, 201 r/w Section 34 IPC - 6, 7, 9, 10, 11, 18, 19, 20, 22
Fact of the Case:
The accused were tried and acquitted of the offences punishable under Sections 302, 201 r/w Section 34 IPC. The prosecution alleged that the accused murdered the deceased due to a financial dispute. The deceased was last seen with the accused, and incriminating articles were recovered at the instance of the accused.
Finding of the Court:
The prosecution failed to prove the motive for the murder, the deceased's last sighting with the accused, and the recovery of incriminating articles. The court found the chain of circumstances incomplete and acquitted the accused.
Issues: Failure to prove motive, last sighting, and recovery of incriminating articles.
Ratio Decidendi: In a case of circumstantial evidence, the prosecution must prove the circumstances and link them in a way that leads to only one conclusion - guilt of the accused. The accused must be given the benefit of doubt if there is a chance of any other person committing the offence.
Final Decision: The appeal was dismissed, and the acquittal of the accused was upheld.
1. The respondents (hereinafter referred as 'accused Nos.1 and 2') were tried and acquitted of the offences punishable under Sections 302, 201 r/w Section 34 IPC by judgment and order dated 20.09.2010 in S.C.No.77/2007 passed by the Additional Sessions Judge and Fast Track Court, Hassan. Therefore, the State has preferred this appeal.
2. The prosecution case briefly stated is as under:- Accused No.2-B.T.Harish is son of accused No.1- Thammegowda. Deceased-Santhosh was working in MCF Factory at Hassan. He was also doing money lending business. Accused No.2 had taken loan amount of Rs.30,000/-from deceased. Towards repayment, accused No.2 had issued a cheque in favour of deceased. On presentation of cheque for collection, it was dishonoured. Deceased informed accused No.2 regarding dishonour of cheque and called upon accused No.2 to repay loan amount. In that connection, there was quarrel between accused and deceased 15-20 days prior to the occurrence of incident. To eliminate the deceased, on 01.12.2006 at about 8.00 p.m., accused No.2 came to the house of deceased and took him in his company under the guise of repayment of loan amount. Thereafter, at about 9.00 p.m., both accused Nos.1 and 2 with common intention to commit murder of deceased-Santhosh took him towards Banana garden of one Mallikarjunappa, made him to consume liquor and slit his throat. The accused threw dead body into a well to cause disappearance of evidence. Next day in the morning i.e., on 02.12.2006, when PW.3- Puttamma (mother of deceased) was proceeding towards a Milk diary to supply the milk, she heard from the villagers that blood that had fallen in Banana garden of Mallikarjunappa and a pair of footwear. Immediately, PW.3 along with villagers rushed to Banana garden of Mallikarjunappa, where she noticed blood that had fallen from Banana garden towards Hosakattebhavi. One Papachi, Satisha and Ashoka searched into the well and removed the dead body of Santhosh. PW-3 noticed cut injury on the neck of dead body.
PW.1-Javaregowda (father of deceased) lodged first information report (Ex.P1) in Hassan Rural Police Station before PW.17-PSI. PW.17 registered a case in Crime No.263/2006 for offences punishable under Sections 302, 201 r/w Section 34 IPC against both the accused and handed over further investigation to PW.22, CPI, Hassan Rural Circle. PW.22 conducted inquest on the dead body as per Ex.P-6 in the presence of panchas PW.7-Rangaswamy and others and recorded statement of witnesses. He seized stone tied to dead body, blood stained mud, sample mud, a piece of Banana leave and a pair of footwear under Mahazar Ex.P-6. He seized clothes found on the dead body, recorded statement of witnesses namely PW.2-Varunkumar K., PW.3-Puttamma, PW.4- Mallikarjunappa, PW.9-D.K. Kumar, PW.10-Manju, PW.12-Ravi, PW.13-Dinesh. He arrested accused No.1 and 2 on 16.12.2006. On the basis of information volunteered by accused No.1, he seized a blood stained knife and blood stained clothes M.O-7 to M.O-12 worn by accused No. 1 and 2 at the time of commission of murder under a mahazar Ex P-5. He also seized M.O-3 to M.O-7 empty rum bottles, plastics glasses on the basis of information volunteered by accused No.2 under mahazar Ex P-4. PW- 22 seized cheque (Ex.P-3) that was given by accused No.2 to the deceased towards the discharge of his loan liability under a mahazar Ex P-2. Upon completion of other formalities of investigation, he filed charge sheet against both accused for offences punishable under Sections 302, 201 r/w Section 34 IPC.
The accused pleaded not guilty. The prosecution examined 22 witnesses as PW.1 to PW.22, marked Exs.P-1 to P-22 apart from MO-1 to MO-19 in order to prove the charges. The defence of the accused was total denial of charges. The learned Sessions Judge on appreciation of evidence acquitted both accused of charges levelled against them by impugned judgment and order dated 20.09.2010.
3. We have heard Sri. Vijayakumar Majage, learned Gov
