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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.MUDAGAL, M.G.S.KAMAL
Ramanjinamma, W/o Marappa – Appellant
Versus
State By Pavagada Police – Respondent
JUDGMENT :
K.S.MUDAGAL, J.
Challenging the judgment and order of conviction and sentence passed against them, accused Nos.1 to 3 in S.C.No.5023/2013 on the file of IV Additional District and Sessions Judge, Madhugiri have preferred this appeal.
2. Appellants were accused Nos.1 to 3 in S.C.No.5023/2013. Appellants along with their co-accused i.e., accused Nos.4 and 5 were tried in S.C.No.5023/2013 for the charges for the offences punishable under Sections 302, 120B, 411 read with Section 34 of IPC on the basis of the charge sheet filed by Pavagada Police in Crime No.138/2013 of their police station. For the purpose of convenience, the parties are referred to henceforth according to the ranks before the trial Court.
3. By the impugned judgment and order, the trial Court has convicted accused Nos.1 to 4 for the offences punishable under Sections 302 and 120B read with Section 34 of IPC and acquitted accused No.5 of the charge for the offence punishable under Section 411 of IPC. Further the trial Court has sentenced accused Nos.1 to 4 for the offences punishable under Sections 302 and 120B read with Section 34 of IPC to life imprisonment and fine of Rs.5,000/- each, in default to pay the f
Conviction based on circumstantial evidence requires undeniable proof of all circumstances leading solely to guilt, which was not satisfied in this case.
Circumstantial evidence must conclusively link the accused to the crime, proving guilt beyond reasonable doubt without leaving alternative hypotheses of innocence; any failure results in acquittal.
(1) Murder – Proof of motive only adds to weight and value of evidence adduced by prosecution.(2) Evidence of a witness ought not be rejected only on the ground that he is a relative of injured/decea....
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and a motive for the crime to secure a conviction.
For a conviction based on circumstantial evidence, each link in the chain must be established beyond reasonable doubt; failure to do so warrants acquittal.
Circumstantial evidence must be cogent and complete to establish guilt; the evidence of an approver requires careful scrutiny and corroboration.
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