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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
S.R.KRISHNA KUMAR, C.M. POONACHA
Basavaraj, S/o Shantappa Shetteppanavar – Appellant
Versus
State Of Karnataka, Reptd. By State Public Prosecutor – Respondent
JUDGMENT :
C.M. POONACHA, J.
1. The present appeal is filed under Section 374 (2) of the Criminal Procedure Code, [Hereinafter referred as ‘Cr.P.C.’] by the accused No.1 calling in question the judgment dated 06.09.2022 passed in S.C.No.9/2019 by the II Additional District and Sessions Judge, Bagalkote, [Hereinafter referred as ‘trial Court’,] whereunder, the accused No.1 was convicted for the offences punishable under Sections 302 , 307 and 326 of the Indian Penal Code, [Hereinafter referred as ’ IPC ’] and acquitted for the offences punishable under Sections 341 , 504 and 506 of . The accused No.1 was sentenced to undergo imprisonment for life and pay fine of Rs.1,00,000/- for the offence punishable under Section 302 of , rigorous imprisonment for 7 years and pay fine of Rs.10,000/- for the offence punishable under Section307 of the . The accused No.2 was acquitted of all the charges.
2. It is the case of the prosecution that one Boravva-PW.7(CW.6), [Hereinafter referred as ’PW.7’] was the wife of Saidusab Davalsab Mehtar, [Hereinafter referred as ‘deceased’]. That PW.7 and deceased were married about 30 years ago. That PW.7 is the daughter of the first wife of her father and th
The conviction of the accused was overturned due to inconsistencies in the prosecution's evidence, primarily relying on the testimony of a witness which lacked corroboration and credibility.
Conviction in criminal cases must be based on proof beyond reasonable doubt, and reliance on untrustworthy eyewitness testimony cannot sustain a conviction.
The court ruled that a confession made to a police officer is inadmissible as evidence, and the conviction for murder was reduced to culpable homicide due to lack of premeditation.
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
The prosecution must establish guilt beyond a reasonable doubt, particularly in circumstantial cases where extra-judicial confessions are heavily scrutinized for credibility and corroboration.
The main legal point established in the judgment is the inadmissibility of a confession made to a police officer under Sections 25 and 27 of the Evidence Act.
Circumstantial evidence must form a complete chain pointing to guilt, with the prosecution required to establish every link beyond reasonable doubt.
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