Back
H. B. PRABHAKARA SASTRY
Yarriswamy – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
1. The present petitioner was tried as accused by the Court of the learned Judicial Magistrate First Class at Challakere, (hereinafter for brevity referred to as the 'the Trial Court') in C.C.No.130/2011, for the offences punishable under Ss. 457 and 380 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as the 'IPC') and was convicted by the judgment of conviction and order on sentence dtd. 8/11/2012 and was sentenced accordingly. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.87/2012, before the learned Principal District and Sessions Judge, Chitradurga, (hereinafter for brevity referred to as the 'Sessions Judge's Court'), which after hearing both side, dismissed the appeal filed by the accused, by its judgment dtd. 20/4/2013. Being aggrieved by the same, the accused has preferred the present revision petition.
2. The summary of the case of the prosecution in the Trial Court was that, on the date 17/8/2010, during night time, the accused has committed lurking house trespass by entering into Sri Anjaneyaswamy Temple at Narayanapura in Challakere Taluk, within the limits of the complainant-Police Station by breaking open
The principle that circumstantial evidence must form a complete chain leading to the guilt of the accused, with no reasonable doubt remaining, was emphasized, highlighting the necessity for the prose....
The main legal point established in the judgment is the requirement for the prosecution to establish charges beyond reasonable doubt, especially in cases involving the recovery of stolen property. Th....
Point of law: Murder and robbery were proved to have been integral parts of one and the same transaction and the presumption arising under illustration (a) to Section 114 of the Evidence Act was appl....
The judgment emphasizes the requirement for a complete chain of evidence in cases based on circumstantial evidence, the inadmissibility of confessions, and the need to connect recovered material obje....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
