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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH, RAMACHANDRA D.HUDDAR
Nagappa, S/o. Dulappa Togadi – Appellant
Versus
State Of Karnataka, Through Ghataprabha P.S., Represented By The State Public Prosecutor, High Court Of Karnataka – Respondent
| Table of Content |
|---|
| 1. defendant's arguments for appeal (Para 5) |
| 2. state's counterarguments and evidence presentation (Para 6 , 7 , 10 , 11 , 12) |
| 3. evaluation of eyewitness reliability (Para 26 , 35 , 37) |
| 4. culpability established and judgment affirmed (Para 38) |
| 5. final order of the court (Para 40) |
JUDGMENT :
1. The appellant-accused has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short “Cr.P.C.,”) challenging the judgment of his conviction dated 29.11.2022 and order of sentence dated 30.11.2022 passed by the XII-Additional Sessions Judge, Belagavi, sitting at Gokak (for short “Trial Court”) in S.C.No.8028/2021.
2. For the sake of convenience, the parties are referred to as per their rank before the Trial Court.
3. The brief and relevant facts leading to the case of the prosecution are as under:
3.1. That, the accused was charge sheeted by the Police Inspector, Ghataprabha Police Station for the offence under Section 3 02 of IPC.
3.2. It is the case of the prosecution that, one Smt.Renuka Laxman Tigadi, r/o. Sanganakeri village in Gokak Taluk lodged complaint at 6.00 a.m. on 10.04.2021 by appearing before the Police Inspector of Ghataprabha police sta
Evidence must unequivocally establish both the act and the intent for murder; minor discrepancies do not warrant overturning a conviction if the core facts are substantiated.
The court affirmed that consistent eyewitness testimony and established motive are critical in upholding a murder conviction under IPC Section 302.
The prosecution must establish the guilt of the accused beyond a reasonable doubt based on consistent and trustworthy evidence, including eyewitness testimony, medical evidence, and incriminating cir....
The court highlighted the necessity of corroborative evidence in witness testimonies, particularly concerning juvenile witnesses.
The main legal point established in the judgment is the reliance on consistent and corroborated eyewitness testimony, along with medical evidence, to prove the guilt of the accused and dismiss improb....
Conviction under Sections 302 and 326 of IPC requires credible ocular evidence, with emphasis on eyewitness credibility, especially from injured parties, establishing guilt despite differing roles am....
The prosecution must prove the guilt of the accused beyond reasonable doubt. If there is any doubt as to the guilt of the accused, the accused must be acquitted.
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