Back
H. P. SANDESH, VENKATESH NAIK T.
Rudresh @ Rudraiah – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT (CAV)
H.P. Sandesh, J.—This appeal is filed challenging the judgment of conviction and sentence dated 27.11.2017 passed in S.C.No. 10018/2017 on the file of the V Additional District and Session Judge, Shivamogga, sitting at Sagar for the offences punishable Sections 364 and 302 of IPC.
2. The factual matrix of case of prosecution is that the complainant is the resident of Alavalli of Sirsi, Siddapura. It is the case of prosecution that in the year 2011, the complainant got married to one Kumarswamy of Basaveshwara Nagar of Haveri district and her husband is working as a mechanical engineer in one company at Pune. They had a son by name Srujaya aged about 3½ years. They are following Moolegadde Mutt and she is visiting there whenever she comes to her native place. The complainant had come to her native for the marriage of her sister. On 08.04.2017 she had been to the said Mutt with her Mother-Renuka and Son-Srujaya in order to attend the coronation ceremony of new Swamiji. It is also the case of persecution that other relatives of the complainant were also there in the Mutt. This accused was serving in the said Mutt and assisting the Swamiji and there was an ill-will betwe
(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 ....
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
(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....
Sections 26 of Indian Evidence Act, 1872 reads Confession by accused while in custody of police not to be proved against him.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
The court ruled that circumstantial evidence must establish a consistent and unbroken chain linking the accused to the crime, and any reliance on unreliability of recovery evidence warrants the benef....
The prosecution must prove guilt beyond all reasonable doubt; circumstantial evidence needs to establish a complete chain of events without gaps for a conviction.
Capital punishment requires exceptional circumstances; mere conviction for heinous crimes does not mandate death penalty. Life imprisonment is the norm unless proven as rarest of rare cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
