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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.R. KRISHNA KUMAR, C.M.POONACHA
Kumar, S/o. Basappa Olekar – Appellant
Versus
State Of Karnataka, BY PSI Of Haunsbhavi Police Station, Represented By SPP, High Court Of Karnataka – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
This appeal by the appellants/accused No.2 and 3 in S.C.No.76/2014 on the file of the II-Additional District and Sessions Judge at Haveri (Sitting at Ranebennur), [Hereinafter referred to as ‘Trial Court’] is directed against the impugned judgment dated 09.10.2020 whereby the appellants/accused No.2 and 3 were convicted along with accused No.1-Satish for offences punishable under Sections 302 , 397 and 120(B) read with Section 34 of the Indian Penal Code, 1860, [Hereinafter referred to as ‘ IPC ’]
2. Heard the learned counsel for the appellants/accused No.2 and 3 and the learned Additional SPP for respondent-State and perused the material on record.
3. A perusal of the material on record would indicate that on 24.08.2014, PW2 (CW1), the son of one Channabasappa Gokavi filed a complaint, which was registered as an FIR in Crime No.106/2014 against the appellants/accused No.2 and 3 and one Satish-accused No.1. The respondent- police authorities conducted investigation and filed a charge sheet against appellants herein as well as the aforesaid accused No.1 for the offences punishable under Sections 302 , 397 and 120(B) read with Section 34 of IPC .
4. Accor
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....
Reliance can be based on solitary statement of a witness if court comes to conclusion that said statement is true and correct version of case of prosecution.
The court established that mere suspicion cannot replace proof beyond reasonable doubt, especially in circumstantial evidence cases.
Conviction based on circumstantial evidence requires a complete and cogent chain of circumstances; extra-judicial confessions must be corroborated by reliable evidence.
For a conviction based on circumstantial evidence, every link in the chain must be established beyond reasonable doubt; mere confessions are inadequate without corroborative evidence.
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
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