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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
R.DEVDAS, B.MURALIDHARA PAI
Nagaraj S/o Narayan Poojari – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. factual overview of the case details. (Para 2 , 6 , 9) |
| 2. arguments presented by both parties. (Para 3 , 4) |
| 3. legal standards on circumstantial evidence. (Para 10 , 11 , 12 , 13 , 14) |
| 4. failure of prosecution to prove motive and presence of accused. (Para 22 , 23 , 30 , 32) |
| 5. determination of prosecution's failure to establish guilt. (Para 34 , 35) |
| 6. final order of acquittal of appellant. (Para 36 , 37) |
JUDGMENT :
B. MURALIDHARA PAI, J.
1. The accused in S.C. No. 5020/2019 on the file of learned I Additional District and Sessions Court, Karwar, sitting at Sirsi, has preferred this appeal assailing the judgment of conviction and order of sentence dated 11.07.2025 passed therein, for the offences punishable under Sections 323 , 302, and 201 of the Indian Penal Code.
2. The facts of the case in nutshell are as under:
2.1 On 10.01.2019 at about 1.00 a.m., one Sri Raghu lodged a complaint before the Yellapur Police, requesting initiation of legal action against the accused on the allegation that the accused had murdered his daughter, Kumari Nayana, on 09.01.2019 between 9.00 a.m. and 3.00 p.m., either by assaulting her or by administering pesticide. In the said complaint,
Prosecution must prove guilt beyond reasonable doubt, and mere circumstantial evidence without a clear chain connecting the accused to the crime is insufficient for conviction.
Conviction based solely on circumstantial evidence requires a complete chain of evidence; mere suspicion or non-explanation of conduct is insufficient for establishing guilt.
Point of Law : Section 101 of the Indian Evidence Act, 1872 reveals that whenever a Court desires to give judgment as to any legal right or liability depend on the existence of facts which he asserts....
Point of law: Conviction set aside – Murder case - duty is cast upon the prosecution to produce worthwhile evidence to establish the guilt against the accused beyond all reasonable doubt.
In a case arising out of circumstantial evidence, the prosecution has to prove each of the circumstances relied upon by them and the circumstances so relied upon should form a chain of events connect....
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
Part II of Section 304 of IPC comes into play when the death is caused by doing an act with knowledge that it is likely to cause death, but there is no intention on the part of the accused either to ....
(1) Sentence – Power to impose punishment of imprisonment for life without remission is conferred only on Constitutional Courts and not on Sessions Courts.(2) Remission – No right accrues to accused ....
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