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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Mandepanda Rajesh @ Aiyappa, S/o. Muthanna – Appellant
Versus
State Of Karnataka, Sub-Inspector Of Police, Virajpet Rural P.S., Virajpet – Respondent
JUDGMENT :
H.P. SANDESH, J.
Heard the learned counsel for the appellant and the learned Additional SPP appearing for the respondent State.
2. The factual matrix of the case of the prosecution is that accused No.8 Sri Achari Seetharama without having any valid licence manufactured one S.B.B.L. gun and sold the same to accused No.7. Accused No.7 along with accused Nos.1 to 6 had a conspiracy to murder C.W.1 Jeevan on 26.07.2006 at about 8.30 p.m., in Chembebellur Village and accused Nos.1 to 8 had common object to murder C.W.1 Jeevan with conspiracy. When C.W.1 was returning to his house after completing his work, accused Nos.1, 3 and 4 restrained C.W.1 Jeevan. It is also the case of the prosecution that on the instigation of accused Nos.3 and 4, accused No.1 fired with gun on C.W.1 Jeevan, as a result, he sustained grievous injuries on his left chest as well as hand. Based on the complaint Ex.P.1, which was recorded in the presence of P.W.9 by P.W.25, the case was registered, the matter was investigated and invoked the offences under Sections 341, 307 and 120B of IPC and Sections 27(1), 25 and 3 of the Indian Arms Act against the accused persons. The accused persons were arrested and f
The court upheld the conviction for attempted murder and illegal possession of a firearm, confirming the sufficiency of evidence and the appropriateness of the sentence.
The court emphasized the requirement of reliable evidence and scientific corroboration for conviction, underscoring that weak testimonies from chance witnesses cannot establish guilt beyond a reasona....
The court upheld the conviction of the accused for murder and related offences based on credible eyewitness testimony, while acquitting them of charges under the Arms Act due to insufficient evidence....
Prosecution must substantiate charges with reliable evidence; significant discrepancies in witness statements and medical evidence warrant acquittal.
The prosecution failed to prove that the deceased sustained any firearm injuries, leading to the acquittal of the accused.
(1) Murder – In a situation when there is a group attack which lasted for only a few minutes, it is unreasonable to expect an eye-witness to recount each fact in mathematical detail.(2) Defective inv....
Attempt to murder – Intention to kill must be apparent from act of accused.
The prosecution failed to prove the guilt of the accused beyond reasonable doubt due to reliance on uncorroborated eyewitness testimony from interested parties and lack of independent evidence.
(1) Purpose of conducting a Test Identification Parade is that persons who claim to have seen offender at the time of occurrence identify them from amongst other individuals without tutoring or aid f....
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