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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
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, the complainant further narrated that the accused had previously committed certain offences against his wife and daughters prior to the incident dated 09.01.2019.
2.2 Based on the said complaint, Yellapur Police registered a case against the accused in Crime No.10/2019 for the offences under Sections 324 and 302 of IPC and took up investigation.
2.3 PW-6 Sri Dinesh, HC No.744, received the complaint, registered the case
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.
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 ....
In criminal cases based on circumstantial evidence, the prosecution must provide a complete and unbroken chain of evidence that conclusively points to the guilt of the accused, failing which the accu....
(1) Abetment of suicide and attempt to commit suicide – If accused gave incorrect or false answers during course of his statement under Section 313 CrPC, court can draw adverse inference against him.....
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