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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.R.KRISHNA KUMAR, C.M.POONACHA
Ramappa @ Ramesh Kenchappa Bastawade – Appellant
Versus
State of karnataka through hukkeri police station Dist: Belagavi, Represented By State Public Prosecutor, High Court Of Karnataka Dharwad Bench, Dharwad – Respondent
| Table of Content |
|---|
| 1. overview of case and underlying facts. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties. (Para 6 , 10 , 11) |
| 3. analysis and observations on evidence. (Para 8 , 13 , 14 , 15 , 18 , 19 , 20) |
| 4. legal reasoning supporting the decision. (Para 17 , 21) |
| 5. final judgment and orders issued. (Para 22 , 23) |
ORAL JUDGMENT :
(PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR)
This appeal by the accused No.2 in Sessions Case No.168/2020, is directed against the impugned judgment dated 12.03.2025 passed by the VII Additional Sessions Judge, Belagavi sitting at Chikkodi (for short, ‘the Trial Court’), whereby the Trial Court convicted the appellant/accused No.2 for the offences punishable under Section 109 of INDIAN PENAL CODE , 1860 (for short, ‘IPC’), for abetting the murder committed by accused No.1 who was convicted for the offences punishable under Sections 302 and 201 of IPC.
2. The brief facts giving rise to the present appeal are as under;
(a) PW1-the complainant Channappa Siddappa Karigar filed a complaint on 13.12.2019, alleging that his wife Smt. Bhagyashree was murdered by accused No.1, sister of the deceased, during the midnight of 08.12.2019, and that the accus
Convictions based solely on confessions require corroborative evidence; absence of such evidence can lead to wrongful conviction.
The prosecution must prove its case beyond reasonable doubt, and circumstantial evidence alone, without a clear motive or corroboration, is insufficient for conviction.
The court established that a sole confessional statement from a co-accused cannot be the basis for a conviction without corroborating evidence; the absence of eyewitnesses and substantial proof resul....
The admissibility and evidentiary value of extra-judicial confessions, the need for corroboration, and the considerations for modifying a conviction from murder to culpable homicide not amounting to ....
Extra-judicial confessions are weak evidence and require corroboration; conviction cannot solely rely on such confessions without supporting evidence.
Conviction based on circumstantial evidence requires irrefutable proof establishing guilt, with no room for reasonable doubt.
Extra-judicial confessions made in police presence are inadmissible if not proven voluntary, requiring solid evidence for circumstantial convictions.
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