The prosecution must prove guilt beyond reasonable doubt, especially in circumstantial evidence cases, while the burden of proof shifts to the accused in custodial death scenarios.

JUDGMENT :

This appeal is preferred by the State against acquittal of judgment passed by the Principal Sessions Judge, Belagavi (for short “Trial Court”) in Sessions Case No.127/2010 dated 03.11.2023. The respondents 1 to 7 faced the trial for the offences punishable under Sections 302, 303, 201, 120B read with section 34 of IPC.

2. It is reported to the Court on 22.10.2019 that accused No.3-respondent No.3 has died. Therefore, this Court has passed order regarding abatement of case against respondent No.3. As he is reported to be dead, the criminal case against him stood abated as per the orders dated 22.10.2019.

3. The facts of the prosecution’s case in brief are as under:

That, Sarvottam T Pai, DSP (H&B) Wing, CID, Bengaluru submitted a complaint on behalf of the State to the Belgaum Rural Police Station on 19.12.2009 at 6.25 p.m. with a request to register criminal case with regard to the death of one Sri.Bhimappa Alagonda Kamate, a convict housed at Hindalga jail, Belagavi with Convict No.19803 for the offences punishable under Section 302 and 201 of IPC.

It is stated in the complaint, that on 02.01.2006 at about 1.00 p.m., the Chief Superintendent of Central Jail, Belagavi by name Sri.D.B.Kadli, submitted complaint by appearing before Belagavi Rural Police Station stating that, deceased-Bhimappa Alagonda Kamate (hereinafter referred to as “deceased”) with Convict No.19803 aged about 49 years, r/o. Bendwad village, Raibag Taluk, Belagavi District was convicted by the Fast Track Court in SC No.207/2004 in Crime No.80/2004 for the offence punishable under Section 307 of IPC. He was convicted and sentenced to undergo imprisonment for a period of 5 years and to pay fine of Rs.1,000/-and in default to pay the fine amount, he has to further undergo simple imprisonment for six months. Accordingly, the deceased was sent to Central Jail Belagavi on 26.09.2005 to serve sentence. It is reported that the said convict on 27.12.2005 fell down from the staircase and sustained head injuries on his person. It is further reported that, as per the advise of the medical officer housed at Central Jail, he was admitted to District Hospital, Belagavi. Thereafter, for further treatment, he was admitted at KLE hospital Belagavi. But unfortunately, the said Bheemappa succumbed to the injuries on 01.01.2006 at 9.45 p.m. at KLE hospital, Belagavi.

Based upon the said report/complaint, the Belagavi Rural Police Station registered case in UDR No.1/2006 under Section 174 Cr.P.C.

One S.B.Mathapati, the then PSI registered the said crime. As per the request of PSI, Belagavi Rural Police Station, the Assistant Commissioner/Sub-Divisional Magistrate Belagavi conducted inquest panchanama on the dead body on 02.01.2006 at KLE Hospital, Belagavi. The said Sub-Divisional Magistrate requested the District Hospital, Belagavi to conduct post-mortem on the dead body. Accordingly, Dr.G.K.Arun and Smt. Dr.P.S.Patil conducted postmortem on the dead body of the deceased. They opined that

“Bheemappa Alagonda Kamate aged about 49 years has died on account of Coma, as a result of severe head injuries sustained”.

4. It is further stated that the Sub-Divisional Magistrate Dr.Vijayakumar N Toragal submitted report to the National Human Rights Commission, Delhi with regard to custodial death of deceased along with post-mortem report as deceased was in coma because of head injuries and he was unable to speak and therefore, his statement was not recorded.

5. It is alleged that Dr.Sharma, the Additional Professor, Department of Forensic Medicines, Indian Institute of Medical Sciences, Delhi based upon the medical records has opined as under:

“As per the information given by the expert of Panel of NHRC, the injury sustained by the deceased are not possible by fall and can be caused due to fall from height of at least 1-2 storied. Thus, the death appears to be suspicious”

6. Based upon