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 reasonable doubt.

JUDGMENT :

H.P. SANDESH, J.

This appeal is filed praying this Court to set aside the judgment of conviction and sentence passed in S.C.No.101/2013 on the file of VI Additional District and Sessions Judge and MACT, Dakshina Kannada, Mangaluru dated 13.12.2019 for the offences punishable under Sections 109, 120B, 143, 147, 148, 341, 302 read with Section 149 of IPC and acquit the appellant.

2. The factual matrix of case of the prosecution is that this appellant is one of the accused along with others having committed murder of Pruthvipal Rai, Venugopal Nayak by assaulting them with long (machhu), swords and damaged the car and this incident has occurred to take revenge in connection with murder of their son. It is the case of the prosecution that accused No.1 by name Chandraprabha Rai had sold a site bearing No.14 measuring 30 x 40 feet situated in Sy.No.236/1 of Balepuni Village standing in the name of one Chandraprabha Rai by executing a General Power of Attorney in the name of owner, with a dishonest intention by impersonating herself as Chandraprabha Rai, sold the same for a sum of Rs.30,000/- to C.W.12 i.e., Alphonsa D'Souza. Out of the said amount of Rs.30,000/-, she paid Rs.20,000/- to supari Killer i.e., the present accused/appellant-Vinesh Shetty as supari and hatched up a plan by making conspiracy to kill Venugopal Nayak and Santhosh Shetty. Accordingly, on 05.03.2003 at about 07.00 p.m. at Mudipu-Mulur Road in a lonely place, the accused persons came in a white Maruthi 800 car bearing registration No.KA-19-N-1771 and formed an unlawful assembly, parked the car across the said road with an intention to obstruct the way of Venugopal Nayak and Santhosh Shetty. It is the prosecution case that they were waiting for their arrival by carrying weapons. During that time, when the said Venugopal Nayak and Santhosh Shetty came from their quarry side towards Mudipu in their Armada Jeep bearing registration No.KA-19-U-3605, accused No.1-Vinitha B. Rai as per their pre- plan, gave a signal by lighting a cracker, by that time, accused No.2-Balakrishna Rai had kept big stones on the road to wrongfully restrain them and the other five accused persons, who were waiting near their car, by hearing the sound of cracker, got alert, when they came near the place in a jeep, attacked them, accused-Vinesh Shetty i.e., this appellant fired with revolver on both Venugopal Nayak and Santhosh Shetty. Other accused persons including accused Lokesh Bangera attacked the deceased persons with swords and long (machhu) and caused damage to the jeep. After attacking them, they pushed victim's jeep back side and escaped from the scene along with weapons. In view of the said incident, complaint was lodged by Thimmappa Nayak, who is the brother of Venugopal Nayak. Based on the complaint, case was registered invoking the above offences.

3. The Police have investigated the matter and filed the charge sheet against accused Nos.1 and 2, later accused Nos.3 to 5 were arrested and additional charge sheet was filed showing accused Nos.6 and 7 as absconding. The Magistrate having received the charge sheet took cognizance and committed the case for trial. The Trial Judge had taken up S.C.No.12/2004 and conducted the trial. During the trial, accused No.2 died, hence case against him was abated and proceeded to consider the matter against accused Nos.1 and 3 to 5 and acquitted accused Nos.1 and 3 to 5 vide judgment dated 22.04.2006. The accused Nos.6 and 7 were not secured during trial and when the trial was conducted against accused Nos.1 and 3 to 5, they were secured subsequently an